THE  LIBRARY 


CLASS 
BOOK 


JOURNAL  OF  THE  PROCEEDINGS 


OF    THE 


NATIONAL 


REPUBLICAN     CONVENTION, 


HELD    AT    WORCESTER, 


OCTOBER  11,  1839. 


PUBLISHED    BY    ORDER    OF    THE    CONVENTION. 


BOSTON: 

STIMPSON  &  CLAPP,  72  WASHINGTON  STREET. 

J.  E.  HinckUjr  *  Co.,  Prloten,  14  Water  Street. 

1832. 


JOURNAL    OF    PROCEEDINGS. 


AT  a  Convention  of  National  Republican  citizens  from  all 
parts  of  the  State  of  Massachusetts,  assembled  according  to 
previous  notice,  at  Worcester,  on  the  llth  of  October,  1832,  . 

Hon.  STEPHEN  WHITE,  of  Salem,  was  elected  chairman 
pro  tern. 

Prayers  were  offered  by  the  Rev.  Dr.  Bancroft,  of  Worcester. 

On  motion  of  Mr.  E.  EVERETT,  it  was 

Voted,  That  the  Chairman  nominate  a  Committee,  to  consist  of 
one  from  each  Congressional  District,  whose  duty  it  shall  be  to 
report  to  the  meeting,  a  list  of  Officers  for  the  Convention, 
as  follows,  : — one  President,  four  Vice  Presidents,  and  three 
Secretaries. 

The  following  named  gentlemen  were  accordingly  nomina- 
ted, by  the  Chair,  and  the  list  adopted  by  the  meeting,  as  fol- 
lows : — 

For  Essex  North  District,  Hon.  Benj.  F.  Varnum. 

Essex  South,  Stephen  C.  Phillips. 

Suffolk,  Charles  P.  Curtis,  Esq. 

Middlesex,  Hon.  Samuel  Hoar.         , 

Franklin,  Charles  P.  Phelps. 

Plymouth,  Seth  Sprague. 

Bristol,     .  James  C.  Hodges. 

Barnstablc,  Barker  Burnell. 

^(J.  Worcester  North,  David  Wilder. 

Worcester  South,  John  W.  Lincoln. 

Berkshire,  Samuel  M.  McKay. 

jl  _,  Norfolk,  Warren  Lovering,  Esq. 

N    ,  Prankl\nt  Henry  Colcman,  Esq. 

oc  *• 
** 


-1360800 


Voted,  To  add  to  the  above  Committee,  George  Bliss,  Esq. 
of  Hampden  District. 

The  Coirynittee  having  retired,  subsequently  came  in  and 
reported  the  following  list  of  Officers  for  the  Convention  : — 

NATHANIEL  SILSBEE  of  Salem,  for  President. 
GEORGE  BLAKE,  of  Boston,  "^ 

JOSEPH  LYMAN,  of  Northampton,  [  r?-     r>      -j 

.  rr»  r  r»  ji  j  f  rice  Jr residents. 

AARON  TUFTS,  of  Dudley,         and 

CORNELIUS  GRINNELL,  of  New  Bedford,) 
THOMAS  KINNICUTT,  of  Worcester,  ) 
CHARLES  BUNKER,  of  Nantucket,   >  Secretaries. 
WILLIAM  PORTER,  Jr.  of  Lee,          j 

Which  report  was  unanimously  accepted  by  the  Convention. 

The  following  communication  from  the  Hon.  THOMAS  L. 
WINTHROP,  was  read,  and  laid  on  the  table. 

BOSTON,  Oct.  8,  1832. 

Sir, — As  one  of  the  principal  subjects  to  be  considered  at 
the  meeting  of  the  National  Republicans,  from  all  parts  of  the 
State,  to  be  held  at  Worcester  on  the  1 1th  instant,  is  that  of  se- 
lecting candidates  for  Governor  and  Lieut.  Governor,  for  the 
ensuing  political  year,  permit  me  to  request  the  favor  that  you 
will  state  to  the  Convention,  that  I  beg  leave  most  respectfully 
to  decline  being  again  considered  a  candidate  for  the  office 
which  I  have  now  the  honor  to  hold.  I  pray  you,  Sir,  to  assure 
the  Convention  that  I  feel  most  truly  grateful  to  my  fellow-citi- 
zens for  the  suffrages  which  for  seven  successive  elections  they 
have,  most  kindly  and  liberally,  bestowed  upon  me.  Sincerely 
and  ardently  wishing  for  the  continued  prosperity  of  the  Com- 
monwealth, I  have  the  honor  to  be,  with  sentiments  of  great 
respect. 

Sir,  your  obedient  and  humble  Servant, 

THOMAS  L.  WIXTHROP. 

To  the  Chairman  of  the  National  Republican  > 
Convention  of  Massachusetts.  J 

Voted,  That  the  Secretaries  be  instructed  to  prepare  a  list  of 
th°  members  attending  upon  this  Convention. 

INlr.  AUSTIN,  of  Boston,  submitted  the  following  Resolutions. 

Resolved,  That  a  Committee  be  appointed  to  consider  and 
report  whatmode  shall  be  taken  to  nominate  suitable  persona 


to  be  supported  by  the  National  Republicans  of  this  Common- 
wealth, for  Governor  and  Lieutenant  Governor  for  the  year 
ensuing. 

Resolved,  That  a  Committee  be  appointed  to  consider  and 
report  what  mode  shall  be  taken  for  the  nomination  of  Electors 
of  President  and  Vice  President  of  the  United  States. 

Resolved,  That  a  Committee  be  appointed  to  prepare  such 
Resolutions  as  it  may  be  proper  for  this  Convention  to  adopt. 

Resolved,  That  a  Committee  be  appointed  to  prepare  an  Ad- 
dress to  the  People  on  the  subjects  of  the  approaching  State 
and  National  Elections. 

Resolved,  That  these  Committees  consist  of  seven  persons, 
respectively,  and  that  the  appointments  be  made  by  the  Chair. 

The  question  having  been  taken  upon  these  resolutions,  they 
were  unanimously  adopted. 

The  Chair  proceeded  to  make  the  following  appointments, 
in  accordance  with  the  above  Resolutions. 

Upon  the  subject  of  Governor  and  Lieut.  Governor,  as  in 
the  first  Resolution, 

Alexander  H.  Everett,      of     Boston. 


John 'Reed, 
John  Davis, 
John  Howard, 
Samuel  Hoar, 
Thomas  Melville, 
Leverett  Saltonstall, 


Yarmouth. 

Worcester. 

Springfield. 

Concord. 

Pittsfield. 

Salem. 


Under  the  second  Resolution,  in  relation  to  Electors  of  Pre- 
sident and  Vice  President, 


Horace  Mann, 
Jonas  B.  Brown, 
William  W.  Parrott, 
Luther  Lawrence, 
Jared  Coffin, 
Thomas  Rossetter, 
Ira  Barton, 


of        Dedham. 
Boston. 
Gloucester. 
Lowell. 
Nantucket.   . 
Great  Barrington. 
Oxford. 


Under  the  third   Resolution,  to  prepare  Resolves  for  the 
adoption  of  this  Convention, 


James  T.  Austin, 
Thomas  Conkey, 


of 


Boston. 
Amherst. 


James  C.  Hodges,  of         Taunton.1 
Rufus  Ghpate,  Salem. 

John  Keyes,  Concord. 

Henry  Chapman,  Greenfield. 

George  J.  Tucker,  Lenox. 

Under  the  fourth  Resolution,  to  prepare  an  Address  to  the 
people, 

Edward  Everett,          of  Charlestown. 

Abbott  Lawrence,  Boston. 

Thomas  A.  Gold,  Pittsfield. 

George  Bancroft,  Northampton. 

Stephen  Merrihew,  New  Bedford. 

Joseph  G.  Kendall,  Leominster.    '. 

Stephen  C.  Phillips,  Salem. 

Voted,  That  the  Hon.  Mr.  BULLARD,  member  of  the  House  of 
Representatives  of  the  United  States,  from  Louisiana,  be  invited 
to  take  a  seat  on  the  floor  of  this  body.  Adjourned  to  3 
o'clock,  P.  M. 

AFTERNOON  SESSION. 

The  Convention  met,  pursuant  to  adjournment. 

Mr.  A.  H.  EVERETT,  of  Boston,  from  the  Committee  on  the 
subject  of  Governor  and  Lieut.  Governor,  reported  the  follow- 
ing resolution. 

Resolved,  That  a  Committee  of  one  member  from  each  Con- 
gressional District  be  appointed  to  select  and  report  candidates 
for  the  offices  of  Governor  and  Lieut,  Governor  of  the  Com- 
monwealth for  the  ensuing  year,  and  that  this  Committee  shall 
be  appointed  by  the  Chair. 

Which  report  was  accepted  by  a  unanimous  vote — and  the 
Chair  appointed 

Samuel  Hoar,  of        Middlesex. 

Samuel  M.  McKay,  Berkshire. 

Charles  P.  Phelps,  Franklin. 

Gideon  Barstow,  Essex  South. 

Amos  Spaulding,  Essex  North, 

Henry  A.  S.  Dearborn,  Norfolk. 

John  S.  Russell,  Bristol. 


Bezaleel  Taft,  Jr.  of         Worcester  South. 
Nathaniel  Wood,  Worcester  North. 

John  Howard,  Hampden. 

Charles  J.  Holmes,  Barnstable. 

Samuel  T.  Armstrong,  Suffolk. 

John  Beal,  Plymouth. 

as  the  Committee  recommended  by  the  Report. 

Mr.  MANN,  of  Dedham,  from  the  Committee  appointed  under 
the  second  Resolution,  made  a  report,  recommending  the  fol- 
lowing resolve : — 

Resolved,  That  the  President  of  this  Convention  appoint  a 
Committee,  consisting  of  one  from  each  Congressional  District: 
that  it  shall  be  the  duty  of  said  Committee  to  obtain  from  the 
delegates  of  each  Congressional  District,  the  name  of  one  per- 
son, selected  by  said  delegates,  as  a  candidate  for  the  office  of 
Elector,  and  report  the  same  o  the  Convention  ;  and  that  said 
Committee  shall  also  report  one  person  selected  by  themselves, 
to  be  an  Elector  at  large. 

The  question  having  been  put  upon  the  acceptance  of  this 
Report,  it  was  unanimously  accepted. 

The  President  then  appointed  the  following  named  persons, 
as  the  Committee  proposed  in  the  above  report,  viz. 

William  Sullivan,  of  Suffolk  District. 

John  W.,  Lincoln,  Worcester  South. 

Calvin  Townsley,  Worcester  North. 

John  Wyles,  Hampshire. 

James  Richardson,  Norfolk. 

Israel  Trask,  Essex  South. 

John  Varnum,  Essex  North. 

John  Nevers,  Franklin. 

John  Z.  Goodrich,  Berkshire. 

Hezekiah  Battelle,  Bristol. 

Isaac  L.  Hedge,  Plymouth. 

William  J.  Whipple,  Middlesex. 

David  Crocker,  Barnstable. 

Mr.  AUSTIN,  of  Boston,  from  the  Committee  appointed 
under  the  third  Resolution,  made  a  Report,  recommending 
the  following  Resolves  as  proper  for  the  Convention  to  adopt : — 


8 

Resolved,  That  in  the  opinion  of  thisConvention,  the  present 
Administration  of  the  State  Government  has  been  distinguished 
by  its  impartiality,  independence  and  vigilant  regard  for  the 
rights,  interest  and  honor  of  the  Commonwealth;  by  its  attach- 
ment to  those  principles  of  public  policy  on  which  our  prosperi- 
ty and  union  essentially  depend,  and  by  an  adherence  to  which 
the  Constitution  of  the  United  States  is  to  be  maintained  and 
perpetuated.  And  that  it  is  the  duty  of  every  citizen  of  Mas- 
sachusetts to  show  the  enthusiasm  which  he  ought  to  feel  for 
the  free  institutions  of  his  country,  by  a  noble  disregard  of  all 
local  and  minor  interests,  in  a  generous  support  of  those  men 
and  those  measures,  by  which  the  past  prosperity  of  the  State 
has  been  eminently  promoted. 

Resolved,  That  this  Convention  concur  in  the  nomination  of 
HENRY  CLAY,  of  Kentucky,  to  be  President,  and  of  JOHN  SER- 
GEANT, of  Pennsylvania,  to  be  Vice  President  of  the  United 
States,  for  the  term  of  four  years  next  ensuing. 

Resolved,  That  while  we  deplore  the  disgrace  which  our 
country  has  sustained  by  the  imbecility  of  the  existing  Adminis- 
tration of  the  Government  of  the  United  States,  and  avow  our 
apprehension  that  the  high  integrity,  and  proud  spirit  of  patri- 
otism, which  distinguished  its  earlier  annals,  have  been  sacri- 
ficed to  a  miserable  competition  for  the  spoils  of  party  victory 
and  the  personal  emoluments  of  office;  we  have  strong  confi- 
dence in  the  redeeming  power  of  the  people,  and  an  animating 
hope  that  this  great  Nation  will  again  be  placed  under  the  coun- 
cils of  those  eminent  Statesmen,  by  whose  wisdom,  under  God,, 
its  power  is  to  be  maintained,  its  resources  developed,  its  in- 
dustry promoted,  its  union  established,  and  the  blessings  of 
free  government,  which  eminently  and  almost  exclusively  it  has 
possessed,  extended  to  the  latest  posterity. 

On  motion, 

Voted,  That  the  foregoing  Report  be  for  the  present  laid 
upon  the  table. 

Voted,  That  the  Hon.  SAMUEL  SMITH,  and  Mr.  PRENTICE,  of 
New  Hampshire,  now  in  this  town,  be  invited  to  take  a  seat  on 
the  floor  of  the  Convention. 

Voted,  That  the  Convention  do  now  adjourn  to  seven  o'clock 
this  evening. 


EVENING  SESSION. 

( 
The  Convention  met  pursuant  to  adjournment. 

The  Resolutions  repprted  by  Mr.  AUSTIN  were  taken  up,  and, 
upon  motion  of  Mr.  WEBSTER,  were  made  the  order  of  the 
day  for  to-morrow  at  ten  o'clock. 

Voted,  To  adjourn  to  nine  o'clock  to-morrow  morning. 

FRIDAY  MORNING,  OCT.  12. 

Mr.  SULLIVAN,  of  Boston,  from  the  Committee  on  the  sub- 
ject of  Electors,  made  the  following  Report : — 

Resolved,  That  the  virtues  and  wisdom  of  illustrious  citi- 
zens, acting  in  the  spirit  of  exalted  patriotism,  have  given  to 
the  people  of  this  State,  (as  part  of  a  national  community,) 
a  federative  Government,  which  has  proved  to  be  capable, 
throughout  an  experiment  of  nearly  a  half  century,  of  securing 
prosperity,  in  all  our  land,  and  of  commanding  all  the  consid- 
eration and  respect,  which  nations  may  and  ought  to  mani- 
fest towards  each  other  ;  that  we  hold  this  National  Union  in 
the  highest  respect  and  reverence  ;  that  we.  discern  in  its  in- 
tended operation,  the  best  assurance,  within  human  experience, 
of  the  duration  of  national  liberty  ;  and  in  its  destruction,  the 
certainty  of  confusion,  civil  war,  and  despotism. 

Resolved,  That  on  the  recurrence  of  the  period  for  the  ex- 
ercise of  Constitutional  power,  (in  the  last  instance,)  to  elect 
a  President  of  the  United  States,  a  majority  of  electors  sin- 
cerely believed  that  in  electing  the  present  Chief  Magistrate, 
they  were  honestly  performing  the  sacred  trust  enjoined  on 
them  ;  that  they  had  rested  the  highest  power,  in  a  citizen  who 
understood  the  duties  assigned  to  him  ;  that  all  Legislative 
acts  adapted  to  promote  the  public  welfare,  and  submitted  to 
his  approval,  would  be  approved  by  him  ;  and  that  all  laws 
confided  to  his  execution,  would  be  truly  and  faithfully  ob- 
served in  obedience  to  the  public  will,  constitutionally  ex- 
pressed. 

Resolved,  That  in  the  opinion  of  this  Convention,  a  majority 
of  this  nation  are  now  convinced,  that  the  expectations  formed 
of  this  Chief  Magistrate  were  unfounded;  and  that  the  trust  con- 
fided to  him  has  been  dangerously  misused  ;  and  that  under 
his  countenance  and  approbation  a  faction  has  suddenly  risen 
into  power,  which  has  separated  its  own  interests  from  those 
of  the  People  ;  which  substitutes  its  own  will  for  the  law  of  the 
2 


10 

land;  and  which  uses  power  to  perpetuate  its  own  power:  that 
a  majority  of  this  nation  now  see,  that  in  the  midst  of  unexam- 
pled prosperity,  and  in  the  absence  of  all  foreign  contention, 
they  are  rapidly  advancing  in  the  melancholy  path,  through 
which  all  free  nations,  that  history  tells  of,  passed  from  the  en- 
joyment of  civil  freedom  to  the  dominion  of  a  master. 

Resolved,  That  this  Convention  rejoices  to  see,  that  these 
truths  are  generally  perceived,  and  admitted;  that  the  evidence 
is  daily  becoming  stronger,  that  the  People  are,  as  they  ever 
should  be,  the  watchful  guardians  of  their  own  rights  and  liber- 
ties ;  that  they  are  able  and  willing  to  distinguish  between 
men,  and  the  performance  of  duties,  which  men  assume  ; — be- 
tween professions,  and  measures;  between  the  use  of  power  for 
the  common  good,  and  for  the  good  only  of  those  who  hold  it; 
and  that  this  nation  is  about  to  see  the  dignified  exercise  of 
that  conservative,  peaceful  and  remedial  authority,  which  can 
arrest  the  progress  of  misrule  and  usurpation. 

Resolved,  That  this  Convention  see,  with  sorrow  and  alarm, 
that  some  of  our  fellow-citizens,  dwelling  in  the  southern  part 
of  our  common  country,  entertain  the  opinion,  that  the  natural 
bond  of  union,  which  the  venerated  Washington  devoted  the 
last  days  of  his  public  life  to  commend  to  the  affections  of  his 
countrymen,  has  lost  its  value  in  their  estimation  ;  and  that 
they  openly  propose  resistance  to  the  laws  enacted  under  its 
authority  :  that  in  the  inevitable  consequences  of  this  unex- 
pected and  discouraging  avowal,  we  discern  no  possible  good  ; 
but  only  the  most  distressing  and  appalling  evils  among  all  who 
are,  or  have  been,  friends,  associates,  or  neighbors  :  that  we 
cannot  forbear  to  express  our  sincere  respect,  and  deepest  sym- 
pathy for  those  among  them,  who  regard  the  Union,  in  the  true 
spirit  from  which  it  arose,  and  as  far  transcending  all  objects 
which  can  be  submitted  to  the  authority  of  legislation. 

Resolved,  That  (with  the  distressing  exceptions  just  alluded 
to,)  the  present  prospects  of  this  nation  ought  to  bring  gladness 
to  every  heart,  animated  with  good  will,  and  honest  hope,  for 
the  preservation  and  perpetuity  of  blessings  which  no  people 
on  earth  but  those  of  the  United  States,  can  have  by  merely 
choosing  to  have  them  ;  and  that,  with  these  feelings  and  hopes, 
this  Convention  cordially  concur  in  the  nominations  made  by 
the  Convention  of  National  Republicans  at  Baltimore.  And 
with  the  view,  and  for  the  purpose  of  securing  to  the  people 
of  the  United  States  an  Administration  worthy  of  the  national 
frame  of  Government,  that  the  following  list  of  citizens  of  this 
State  be  proposed  to  our  constituents  as  the  candidates  to  be 
supported  by  them  for  the  office  of  Electors  of  President, 
and  of  Vice  President,  for  the  ensuing  election 


11 


ELECTORS. 

At  large. 
CHARLES  JACKSON,  of  Boston. 

Suffolk  District. 
THOMAS  H.  PERKINS,  of  Boston. 

Essex  South  District. 
GIDEON  BARSTOW,  of  Salem. 

Essex  North  District. 
EBENEZER  MOSELY,  of  Newburyport. 

Middlesex  District. 
NATHAN  BROOKS,  of  Concord. 

Worcester  South  District. 
AARON  TUFTS,  of  Dudley. 

Worcester  North  District. 
SAMUEL  LEE,  of  Barre. 

Fran/din  District. 
EBENEZER  MATTOON,  of  Amherst. 

Hampden  District. 
JAMES  BYERS,  of  Springfield. 

Berkshire  District. 
HENRY  SHAW,  of  Lanesborough. 

Norfolk  District. 
JAMES  RICHARDSON,  of  Dedharn. 

Plymouth  District. 
JOTHAM  LINCOLN,  of  Hingham. 

Bristol  District. 
CORNELIUS  GRINNELL,  of  New  Bedford. 

Barnstable  District. 
NYMPHAS  MARSTON,  of  Barnstable. 


12 

On  motion  of  Mr.  EVERETT,  of  Charlestown,  it  was  Voted, 
To  postpone  the  further  consideration  of  the  Resolutions- 
embraced  in  the  foregoing  Report,  to  10  o'clock  this  morning. 

Voted,  unanimously,  To  accept  that  part  of  the  Report  recom- 
mending Candidates  for  the  office  of  Electors. 

Voted,  To  reconsider  the  vote  assigning  10  o'clock  for  the 
consideration  of  the  Resolutions  embraced  in  the  Report  of  Mr. 
Austin. 

Voted,  unanimously,  To  adopt  the  first  Resolution  recom- 
mended in  said  Report. 

The  Committee  upon  the  subject  of  nominating  Candidates 
for  the  offices  of  Governor,  and  Lieutenant  Governor  of  which 
Mr.  Hoar,  of  Concord,  was  chairman,  made  the  following 
Report  : — 

The  Committee  appointed  to  nominate  to  the  Convention 
Candidates  for  the  offices  of  Governor  and  Lieutenant  Governor 
of  the  Commonwealth,  for  the  ensuing  political  year,  have  at- 
tended to  that  duty,  and  respectfully  report  that  His  Excellency 
LEVI  LINCOLN  be  nominated  to  the  People  of  this  Common- 
wealth, as  the  Candidate  for  Governor,  and  that  SAMUEL  T. 
ARMSTRONG,  of  Boston,  be  nominated  as  the  Candidate  for  Lieu- 
tenant Governor,  for  the  next  ensuing  political  year. 
By  order  of  the  Committee. 

SAMUEL  HOAR,  Chairman. 

The  foregoing  Report  was  then,  on  motion,  accepted  by 
the  Convention. 

On  motion  of  Mr.  DEARBORN,  of  Dorchester,  a  Committee 
of  five  was  appointed  by  the  Chairman  to  inform  His  Excel- 
lency LEVI  LINCOLN,  of  his  nomination  for  the  office  of  Gover- 
nor, and  SAMUEL  T.  ARMSTRONG,  Esq.,  of  his  nomination  for 
the  office  of  LieutenantGovernor  of  this  Commonwealth,  and 
to  request  their  acceptance  of  said  nominations. 

The  following  gentlemen  composed  the  Committee : — 

H.  A.  S.  Dearborn,  of  Dorchester,    Alfred  D.  Foster,  Worcester. 
Charles  P.  Curtis,  Boston.  James  C.  Alvord,  Greenfield. 

Asahel  Huntington,  Salem. 

On  motion  of  Mr.  GOLD,  of  Pittsfield, — Voted,  That  a 
Committee  of  five  be  appointed  by  the  Chair,  to  invite  His 
Excellency  Governor  LINCOLN  to  take  a  seat  on  the  floor  of 
this  House.  The  following  gentlemen  composed  said  Com- 
mittee : — 

Thomas  A.  Gold,  of  Pittsfield.          John  Davis,  Worcester. 
Barker  Barnwell,  Nantucket.  Rufus  Choate,  Salem. 

Nathan  Appleton,  Boston. 


13 

On  motionof  Mr.  EMMONS,  of  Hinsdale,  the  Convention  then 
proceeded  to  the  consideration  of  the  remaining  Resolutions 
reported  by  the  Committee  of  which  Mr.  AUSTIN  was  chairman, 

When  Mr.  WEBSTER  addressed  the  Convention. 

On  motion  of  Mr.  DAVIS,  of  Worcester,  the  Convention  then 
adjourned  to  3  o'clock,  P.  M.  this  day. 

AFTERNOON  SESSION. 

The  Convention  met,  pursuant  to  adjournment. 

Mr.  EVERETT,  of  Charlestown,  chairman  of  the  Commitee 
appointed  to  prepare  an  Address  to  the  People  on  the  subjects 
of  the  approaching  State  and  National  Elections,  submitted  a 
report  of  an  Address,  which  was,  on  motion  of  Mr.  Davis,  of 
Worcester,  unanimously  adopted. 

Voted,  To  adopt  the  remaining  Resolutions  reported  by  Mr. 
Austin,  and  the  Resolutions  accompanying  the  Report  of  the 
Committee  on  the  nomination  of  Electors. 

Mr.  DEARBORN,  from  the  Committee  appointed  to  inform  his 
Excellency  LEVI  LINCOLN, and  SAMUEL T.  ARMSTRONG,  Esq., 
of  their  nominations  to  the  offices  of  Governor  and  Lieutenant 
Governor  of  the  Commonwealth,  for  the  ensuing  political  year, 
reported  the  following  communications  and  answers:  — 

WORCESTER,  Oct.  12th,  1832. 
To  his  Excellency  LEVI  LINCOLN, 

SIR, — We  have  the  honor  of  being  charged  with  the  duty 
of  announcing  that  you  have  been  nominated  as  Governor  of 
this  Commonwealth  for  the  ensuing  political  year,  by  the  Na- 
tional Republican  Convention,  now  in  session  in  this  town,  and 
we  are  instructed  to  request  the  favor  of  your  answer  to  this 
nomination. 

With  high  respect,  we  are  your  obedient  servants, 
H.  A.  S.  DEARBORN,    ~) 
CHARLES  P.  CURTIS, 
ASAHEL  HUNTINGTON,   >  Committee. 
A.  D.  FOSTER, 
JAMES  C.  ALVORD,       J 

WORCESTER,  October  12th,  1832. 

GENTLEMEN, — I  have  received,  with  deep  sensibility,  the 
communication  of  the  pleasure  of  the  numerous  and  distin- 
guished Convention,  which  you  represent,  in  proposing  my  re- 
election to  the  office,  which,  by  the  favor  of  my  fellow-citizens, 
I  have  now  the  honor  to  sustain.  The  satisfaction  expressed 
with  the  course  of  the  Executive  Administration  of  the  Govern- 


14 

inent,  and  the  confidence  implied  by  this  renewed  nomination, 
in  my  faithful  endeavors  to  discharge  the  high  trust,  will  remain 
with  me,  the  most  cherished  reward  for  well-intended  efforts  in 
the  public  service. 

On  entering  upon  the  term  of  office,  at  each  successive 
Election,  I  have  looked  only  for  a  continuance  in  it,  to  the 
constitutional  period  of  its  limitation,  and  have  truly  and 
anxiously  sought,  from  year  to  year,  to  anticipate  any  mani- 
festation of  public  sentiment  in  favor  of  my  voluntary  retire- 
ment. Conscious  of  being  influenced  by  no  other  considera- 
tion, than  that  which  requires  of  every  citizen,  in  a  free  Gov- 
ernment, the  performance  of  his  political  duties,  and  a  respect- 
ful deference  to  that  expression  of  the  popular  will,  which  pre- 
scribes the  sphere  of  his  public  action,  I  have  now  gratefully 
to  submit  myself,  in  the  approaching  canvass,  to  the  disposal  of 
those,  who  will  best  judge  how  far  my  humble  abilities  may  be 
made  instrumental  in  promoting  the  peace,  honor,  and  pros- 
perity of  the  State,  in  the  administration  of  its  affairs.  With 
the  political  sentiments,  views,  and  proposed  measures  of  the 
Convention  now  assembled,  as  I  understand  them,  I  have  the 
honor  entirely  to  accord.  A  perilous  crisis,  in  the  condi- 
tion of  our  beloved  country,  is  fearfully  impending.  The  in- 
stitutions of  civil  liberty,  the  charter  of  the  Constitution,  the 
union  of  the  States,  the  integrity  and  independence  of  the  most 
sacred  department  of  the  Government,  the  redemption  of  the 
violated  faith  of  the  Nation  in  the  treatment  of  the  Indians, 
the  advancement  of  the  great  interests  of  the  People  in  the 
pursuits  of  domestic  industry,  the  credit  of  the  country  in  the 
purity  and  solidity  of  its  currency,  are  involved  in  the  issue 
now  joined  before  the  People,  upon  the  Presidential  question. 
No  individual  citizen  can  escape  his  share  of  responsibility 
for  the  consequences  of  the  decision,  and  no  true  Patriot  will 
shrink  from  committing  himself,  personally,  to  the  hazards,  the 
sacrifices,  and  the  exertions,  which  the  safety  of  the  country 
demands. 

Be  pleased  to  communicate  to  the  Convention  my  respect- 
ful acceptance  of  the  nomination  with  which  they  have  honor- 
ed me,  accompanied  with  an  assurance  of  my  sense  of  the 
many  obligations  to  my  fellow-citizens,  under  which  I  am,  most 
truly,  their,  and  your,  obedient  servant, 

LEVI  LINCOLN. 

To  Hon.  HEKRY  A.  S.  DEARBORN*. 
CHARLES  P.  CURTIS. 

ASAHEL   HUNTINGTOX. 

A.  D.  FOSTER. 
JAMES  C.  ALVORD,  Esqrs. 
Committee  of  the  National  Republican  Convention. 


15 

WORCESTER,  October  12,  1832. 

Gentlemen, — Your  communication,  announcing  that  theCon- 
vention  have  nominated  me  for  the  office  of  Lieutenant  Gover- 
nor of  this  Commonwealth,  is  received  with  those  sentiments  of 
gratitude  which  that  honor  is  calculated  to  inspire. 

Should  my  fellow-citizens  confirm  the  doings  of  their  dele- 
gates, and  confer  on  me  the  office  to  which  I  have  been  nomi- 
nated, it  will  be  my  constant  endeavor  to  show  that  this  confi- 
dence has  not  been  misplaced. 

With  sincere  respect,  your  obedient  servant, 

SAMUEL  T.  ARMSTRONG. 

To  GEX.  H.  A.  S.  DEARBORK. 

CHARLES  P.  CURTIS. 

ASAUEL  HmfTurovpB. 

A.  D.  FOSTER. 

JAMES  C.  ALVORD,  Esqrs. 

Committee  of  the  National  Rejntbliean  Convention  now  in  session  at  Wor- 
cester. 

On  motion  of  Mr.  SULLIVAN,  of  Boston,  the  following  Reso- 
lutions were  adopted : — 

Resolved,  That  this  Convention  entertain  a  grateful  sense  of 
the  hospitality  and  kindness  of  the  Inhabitants  of  the  town  of 
Worcester,  on  the  occasion  of  this  meeting. 

Resolved,  That  the  members  of  this  Convention  who  see  fit 
so  to  do,  deliver  to  the  principal  Secretary  such  sum  of  money 
as  they  respectively  think  proper,  and  that  the  funds  thus  raised 
be  appropriated  to  the  payment  of  the  expense  of  such  printing 
as  the  Convention  may  order.  And  that  if  the  Convention 
make  no  special  order  on  the  subject  of  printing,  the  publications 
to  be  made  of  the  proceedings  of  this  Convention  be  submitted 
to  the  direction  and  order  of  the  Delegates  from  the  town  of 
Worcester. 

On  motion  of  Mr.  DAVIS,  of  Worcester,  the  following 
Resolves  were  adopted  : — 

Resolved,  That  the  Address  to  the  People  be  signed  by  the 
President,  Vice  President,  and  Secretary  of  this  Convention, 
and  that  it  be  published  and  distributed  forthwith. 

Resolved,  That  the  Hon.  DANIEL  WEBSTER  be  requested  to 
prepare  a  sketch  of  his  remarks  made  this  day  to  the  Conven- 
tion, to  be  published  in  connexion  with  the  proceedings 
thereof. 

On  motion  of  Mr.  BLAKE,  of  Boston, 

Resolved,  That  His  Honor  THOMAS  L.  WINTHROP  is,  in  the 
opinion  of  this  Convention,  entitled  to  the  thanks  of  the  people 


16 

of  this  Commonwealth,  for  the  able  and  dignified  manner  in 
which  he  has  for  several  successive  years  discharged  his  du- 
ties as  Lieutenant  Governor  of  this  Commonwealth  ;  and  that 
we  have  felt  sincere  regret  that  any  circumstance  should  have 
induced  him  to  decline  being  considered  a  candidate  for  the 
same  office  at  the  approaching  election. 

Resolved,  That  a  Committee  of  three  be  appointed  by  the 
Chair,  to  wait  upon  His  Honor,  with  a  copy  of  the  foregoing 
Resolves. 

The  following  gentlemen  were  appointed  to  compose  the 
Committee : — 

Messrs.  BLAKE,          ^ 

MERRILL,       >    of  Boston. 
and     SULLIVAN,      ) 

On  motion  of  Mr.  BURNELL,  of  Nantucket, 

Voted,  That  the  thanks  of  this  Convention  be  presented  to 
the  First  Parish  in  Worcester,  for  the  use  of  their  Church  during 
the  sitting  of  the  Convention. 

On  motion  of  Mr.  EVERETT,  of  Boston, 

Voted,  That  the  thanks  of  this  Convention  be  presented  to 
the  Rev.  Dr.  BANCROFT,  for  the  able  and  impressive  manner  in 
which  he  performed  religious  services  upon  the  opening  of  the 
Convention. 

On  motion  of  Mr.  CARTWRIGHT,  of  Boston, 

Voted,  That  10,000  copies  of  the  proceedings  of  this  Con- 
vention, accompanied  by  the  speech  of  Mr.  WEBSTER,  be  print- 
ed for  distribution,  and  that  each  member  of  the  Convention  be 
furnished  with  a  copy. 

On  motion  of  THOMAS  H.  PERKINS,  of  Boston,  the  following 
Resolution  was  unanimously  adopted  : — 

Resolved,  That  the  thanks  of  this  Convention  be  presented 
to  the  Hon.  NATHANIEL  SILSBEE,  for  the  able,  dignified  and 
impartial  manner  in  which  he  has  discharged  the  arduous  duties 
of  presiding  over  their  deliberations. 

On  motion  of  Mr.  E.  EVERETT,  of  Charlestown, 

Resolved,  That  the  thanks  of  this  Convention  be  presented  to 
the  Vice  President,  and  the  Secretaries,  for  the  appropriate  dis- 
charge of  their  respective  duties  of  the  several  offices. 

The  Convention  then  adjourned  sine  die. 


ADDRESS 

TO  THE  PEOPLE    OF  MASSACHUSETTS. 


THE  Convention  of  Delegates  from  the  several  towns  in  the 
State,  assembled  in  unusual  numbers  at  Worcester,  for  the 
purpose  of  recommending  to  their  Constituents  of  the  Nation- 
al Republican  Party  a  list  of  Electors  of  President  and  Vice 
President  of  the  United  States,  and  Candidates  for  the  offices 
of  Governor  and  Lieutenant  Governor  of  Massachusetts,  beg 
lea  veto  address  their  fellow-citizens  on  the  subject  of  the  ap- 
proaching elections : — 

They  rejoice  to  have  it  in  their  power  to  congratulate  the 
people  of  the  Commonwealth  upon  the  satisfactory  aspect  of 
the  fcttate  Government.  It  is  the  peculiar  privilege  of  the 
citizdns  of  Massachusetts  to  have  obtained  for  a  series  of  years 
the  services  of  a  Chief  Magistrate,  eminently  devoted  to  the 
principles  and  interests,  with  which  the  character  and  pros- 
perity of  the  Commonwealth  are  blended.  Called  to  the  Ex- 
ecutive trust  by  the  earnest  and  repeated  solicitations  of  his 
fellow-citizens,  without  distinction  of  party,  he  has  not  failed 
to  requite  their  reasonable  expectations.  In  the  laborious  and 
thorough  discharge  of  ordinary  duties,  he  has  furnished  an 
example  of  application  and  industry  seldom  witnessed  in  our 
public  servants,  and  altogether  deserving  of  special  commen- 
dation. Conscientious  and  impartial  in  the  exercise  of  the 
appointing  power,  he  has  rilled  the  most  important  offices  with 
the  best  men,  and  in  respect,  at  least,  to  the  purity  of  his  in- 
tentions, has  never  afforded  grounds  of  dissatisfaction  and 
complaint.  In  superintending  the  relations  of  the  State  to 
the  General  Government,  he  has  guarded  our  interests,  with 
unceasing  vigilance,  and  asserted  our  rights  with  becoming 
dignity  and  firmness.  In  the  prosecution  of  public  improve- 
ments, in  the  advancement  of  useful  institutions,  in  the  more 
convenient  organization  of  the  courts,  and  in  the  reformation 
of  the  prisons,  his  agency  has  been  conspicuous  and  effective. 
In  the  suggestion  of  every  practicable  legislative  expedient 
3 


18 

for  a  salutary  retrenchment  of  expenditures,  and  in  the  ac- 
complishment of  many  executive  measures  in  the  civil  and 
military  departments,  directly  conducive  to  this  object,  he 
has  done  all  that  could  be  done,  through  the  influence  of  his 
office,  to  subserve  the  purposes  of  a  wise  and  just  economy. 
In  short,  without  a  more  minute  review  of  the  principles  and 
measures  which  have  distinguished  the  administration  of 
GOVERNOR  LINCOLN,  it  has  appeared  to  the  Convention, 
as  they  doubt  not  it  will  appear  to  a  large  portion  of  the  citi- 
zens of  the  Commonwealth,  to  be  exceedingly  desirable  to 
secure  the  continuance  of  his  services  for  another  political 
term ;  and  they  have  the  satisfaction  to  announce,  that  in 
compliance  with  the  unanimous  invitation  of  the  Convention, 
he  has  again  consented  to  be  a  candidate  for  re-electicn. 

The  present  Lieutenant-Governor  having  declined  a  re-elec- 
tion to  the  office  which  he  has  filled  for  several  years,  to  the 
entire  satisfaction  of  the  community,  the  Convention  have 
found  themselves  obliged  to  make  choice  of  a  person  to  be 
recommended  to  the  support  of  the  people  as  his  successor. 
In  making  the  selection  from  several  respected  and  worthy 
citizens,  they  have  been  guided  by  a  comparison  of  opinions 
from  every  part  of  the  Commonwealth,  and  by  the  wish  that 
all  its  interests  and  feelings  should  be  consulted.  In  this 
view,  they  have  been  led  to  designate  SAMUEL  T.  ARM- 
STRONG, of  Boston,  as  a  suitable  candidate  for  the  office  of 
Lieutenant-Governor  of  the  Commonwealth,  for  the  ensuing 
political  year.  Mr.  Armstrong  has  been  distinguished  through 
life,  for  the  purity  of  his  private  character,  his  exemplary  dili- 
gence in  the  practical  pursuits  of  life,  and  his  discharge  of  the  va- 
rious social  and  public  duties,  which  have  devolved  upon  him. 
The  Convention,  in  selecting  him  as  a  candidate,  have  pro- 
ceeded in  full  confidence  of  his  qualifications  for  an  upright 
discharge  of  the  duties  of  his  office,  and  in  the  belief  that  his 
nomination  will  be  generally  acceptable  to  the  good  people  of 
the  Commonwealth,  whom  they  have  the  honor  to  repre- 
sent. 

In  turning  their  attention  from  the  State  Elections  to  that 
of  a  Chief  Magistrate  of  the  United  States,  the  Convention  are 
profoundly  impressed  with  the  magnitude  and  solemnity  of  the 
subject. 

They  cannot  but  regard  the  approaching  presidential  elec- 
tion as  the  most  important  which  has  been  held  in  the  United 


19 

States,  since  the  adoption  of  the  Federal  Constitution.  The 
choice  of  the  Chief  Executive  Officer  is  in  all  popular  govern- 
ments the  matter  of  greatest  difficulty,  and  is  that  in  which 
the  strength  of  the  system  is  most  severely  tried.  The  peri- 
odical exercise  of  the  right  of  suffrage  in  choosing  a  Presi- 
dent is,  for  this  reason,  at  all  times  the  most  important  duty 
which  the  People  of  this  free  country  are  called  upon  to  per- 
form. 

The  present  election  is  peculiarly  momentous.  If  the  ex- 
isting Administration  is  renewed,  it  will  be  considered  (though 
erroneously)  as  a  sanction,  by  the  People,  of  the  encroachments 
which  it  has  made  and  attempted  upon  the  Constitution,  laws, 
and  great  interests  of  the  country. 

When  the  present  chief  magistrate  was  seriously  proposed 
as  a  candidate  for  the  first  office  in  the  gift  of  the  People,  and 
the  minds  of  men  had  recovered  from  the  surprise,  into  which 
they  were  thrown,  by  the  suggestion,  various  benefits  were 
promised  by  his  partizans,  and  various  evils  were  foretold  by 
his  opponents,  as  likely  to  result  to  the  country  from  his  ele- 
vation. It  is  the  deliberate  and  solemn  sense  of  the  Conven- 
tion, that  not  one  of  these  benefits  has  been  enjoyed  ;  while 
every  evil  anticipated  has  been  more  than  realized.  To  sup- 
port this  proposition,  the  Convention  believe  they  shall  be 
obliged  to  allege  but  little  as  matter  of  fact  against  the  Ad 
ministration,  which  is  not  both  admitted  to  be  true  by  its  sup 
porters,  and  even  claimed  as  a  merit. 

When  the  President  was  nominated,  his  partizans  generally 
held  forth  the  promise  of  his  retirement  at  the  close  of  his  first 
term.  In  his  own  first  message  to  Congress,  he  himself  de- 
clared an  amendment  of  the  Constitution  restricting  the  office 
to  one  term  of  four  or  six  years  to  be  advisable.  But  in  the 
face  of  the  pledge  given  by  his  friends  and  of  his  own  propo- 
sal, even  to  take  from  the  People  the  power,  in  all  cases,  to 
re-elect  a  President,  he  is  himself  a  candidate  for  re-election. 
Not  only  this,  but  when  a  proposition  was  introduced  into 
Congress  by  one  of  the  most  distinguished  of  those  who  had 
promoted  his  election,  for  such  an  amendment  of  the  Consti- 
tution, the  step  was  denounced  as  hostile  to  the  President,  by 
the  presses  in  his  interest. 

A  memorable  piece  of  advice  had,  in  1817,  been  given  by 
the  President  himself  to  Mr.  Monroe,  to  break  down  "the 
monster  party,"  and  to  recall  those  then  in  the  minority  to  a 


20 

share  in  the  administration  of  the  Government.  This  coun- 
sel gained  for  him  the  support  of  a  large  number  of  that  class 
of  citizens  ;  and  the  People  of  the  United  States  of  all  denomi- 
nations, wearied  with  dissension  and  discord,  approved  the 
sentiment  as  magnanimous  and  patriotic.  But  on  his  acces- 
sion to  power,  he  became  himself  the  head  of  a  party,  the 
most  intolerant  and  prescriptive  ever  known  in  the  country. 
And  not  only  this,  but  all  who  refuse  to  fall  into  it  and  support 
his  administration,  are  not  merely  denounced  by  his  presses, 
but  denounced  by  the  name  of  that  party  to  which  he  had 
spoken  in  the  language  of  conciliation.  We  accordingly  not 
only  behold  the  whole  strength  of  the  Administration  press 
put  forth  to  revive  a  distinction  of  parties,  against  which  the 
President  had  protested,  while  such  a  protest  was  of  service 
to  him  ;  but  in  order  to  give  to  him  personally  the  benefit  of 
this  uncandid  procedure,  we  see  men  eminent  as  democrats, 
(while  that  division  of  parties  existed,)  now  denounced  as  fed- 
eralists, and  leading  federalists  supported  as  democrats,  merely 
because  they  happen  to  be  opposers  or.  supporters  of  this  Ad- 
ministration. 

It  had  been  the  main  objection  to  the  last  President,  that 
having  been  selected  from  the  three  highest  candidates  by  the 
House  of  Representatives,  he  had  placed  in  his  cabinet  a  dis- 
tinguished member  of  that  body,  who  had  voted  for  him.- — 
Notwithstanding  the  unquestioned  fitness  of  Mr.  Clay  for  the 
office  of  Secretary  of  State,  and  the  unreasonableness,  not  to 
say  impossibility,  of  holding  every  man  disfranchised  for  of- 
fice, who  may  have  contributed  in  any  degree  to  promote  the 
election  of  a  President,  the  friends  of  the  present  incumbent 
deemed  this  appointment  so  dangerous  an  attempt  on  the  pu- 
rity of  Congress,  as  to  be  itself  sufficient  ground  of  opposition 
to  the  administration  of  Mr.  Adams.  Gen.  Jackson  himself 
considered  the  danger  so  imminent,  that  he  pressed  upon  Con- 
gress, in  his  first  message,  an  amendment  to  the  Constitution, 
disqualifying  members  of  Congress  for  all  appointments  ex- 
cept the  judicial.  But  notwithstanding  this  his  own  de- 
clared opinion  of  the  impropriety  of  these  appointments,  a 
very  large  proportion  of  the  most  valuable  offices  in  his  gift  have 
been  conferred  on  members  of  the  Senate  and  House  of  Rep- 
resentatives ;  and  some  of  them  on  no  conceivable  grounds, 
but  that  of  superior  diligence  and  activity  in  promoting  his 
own  election. 


21 

It  was  warmly  but  most  unjustly  urged  against  the  last  Ad- 
ministration, that  it  abused  its  patronage  to  effect  its  own  contin- 
uance in  power  :  and  in  his  inaugural  address,  the  present  chief 
magistrate  thought  proper  expressly  to  charge  his  predecessor 
with  bringing  "  the  patronage  of  the  federal  government  into 
conflict  with  the  freedom  of  elections."  In  violation  of  his 
pledge  to  pursue  an  opposite  course,  the  present  chief  magis- 
trate has  removed  a  great  number  of  officers  for  no  other 
cause,  than  that  of  having  been  opposed  to  himself;  and  he 
has  appointed  very  many  for  no  other  reason,  but  having  sup- 
ported him.  And  in  addition  to  this,  it  is  a  fact  too  well 
known  to'be  disputed,  that  at  no  period  since  the  organization 
of  the  federal  government  has  there  existed  even  an  approach 
toward  the  present  systematic,  intense,  all-pervading  operation 
of  federal  patronage  on  the  freedom  of  election. 

It  is  well  known  that,  as  it  was  objected  to  the  late  President, 
that  he  had  not  received  a  plurality  of  popular  votes ;  so  it 
was  charged  upon  him,  that  there  was  a  tendency  in  the 
measures  of  his  administration  against  popular  principles. 
No  facts  were  or  could  be  quoted  to  prove  such  a  tendency1; 
but  the  very  vagueness  and  generality  of  the  charge  made  it 
a  convenient  topic  of  popular  declamation.  In  the  present  in- 
cumbent the  people  were  promised  that  they  should  have  a 
President,  who  would  rather  repel  than  arrogate  power,  and 
an  administration  conducted  on  purely  republican  principles. 
In  his  inaugural  message  he  himself  expressed  the  hope  that 
he  should  have  the  "  instruction,"  as  well  as  "  the  co-opera- 
tion "  of  the  co-ordinate  branches  of  the  government.  The 
contrast  of  the  measures  of  his  administration  with  these  pro- 
fessions is  of  the  most  glaring  and  painful  kind.  The  people 
have  been  treated  with  the  most  marked  indignity,  in  the  only 
way  in  which  that  can  be  done,  in  the  action  of  the  Execu- 
tive Government, — we  mean  in  the  person  of  their  representa- 
tives. The  accredited  organs  of  the  press  have  made  it  one 
leading  object  to  vilify  the  two  houses  of  Congress ;  and  the 
most  disrespectful  insinuations  against  their  members  have 
been  authentically  traced  to  the  President  himself.  The 
power  of  the  Veto,  designed  for  the  extrernest  cases,  a  mon- 
archical feature  of  the  British  Constitution  engrafted  with 
questionable  propriety  on  ours,  has  been  exercised  more  fre- 
quently by  him  in  three  sessions  of  Congress,  than  by  all  his 
predecessors  for  forty  years.  So  far  from  seeking  "  instruc 


lion  "  of  the  co-ordinate  branches  of  the  government,  he  ha« 
in  his  Veto  Message  on  the  Bank  declared,  that  the  opinion 
of  the  Judges  has  no  more  authority  over  Congress,  than  the 
opinion  of  Congress  over  the  Judges ;  and  that  on  that  point,  "  the 
President  is  independent  of  both."  In  the  same  message,  he 
assigns  as  one  reason  for  rejecting  the  bill  for  re-chartering 
the  Bank,  that  the  Executive  was  "  not  called  upon  to  furnish 
the  project  of  such  an  institution." 

This  Convention,  although  they  propose  to  themselves,  in 
this  Address,  to  abstain  from  argument,  and  confine  themselves 
to  facts  of  indisputable  notoriety,  cannot  but  pause  a  moment, 
to  remark  upon  the  doctrines  just  cited,  at  war  as.  they  are 
with  the  letter,  and  still  more  at  war  with  the  spirit  of  the 
Constitution.  It  is,  of  course,  unnecessary  to  say,  that  the 
'•'  opinion  of  Congress  "  has  no  authority  at  all,  except  as  ex- 
pressed in  a  joint  rule,  relative  to  the  form  of  business  between 
the  two  Houses.  Beyond  this,  an  "opinion  of  Congress,"  as 
far  as  legal  authority  goes,  is  a  nonentity.  On  the  contrary, 
the  opinion  of  the  Court,  on  all  matters  duly  brought  before 
them,  is  legally  binding  on  all  concerned.  The  Constitution 
provides  that  "  the  Judicial  power  of  the  United  States  shall 
be  vested  in  one  Supreme  Court,  and  in  such  inferior  Courts 
as  the  Congress  may  ordain  and  establish,"  and  that  judicial 
power  is  to  be  exercised  through  the  channel  of  the  official 
opinions  of  the  Court.  Those  opinions  bind  the  President 
and  Congress,  who  may  change  the  law,  but  while  it  is  the 
law,  may  not  disobey  it.  Any  process  of  reasoning  to  show 
that  the  opinions  of  the  Court  have  no  binding  authority  over 
the  President  and  Congress,  would  show  the  same  of  every 
subordinate  officer  and  every  citizen ;  that  is,  that  the  Court 
has  no  authority  at  all.  This  Convention  believe  that  such 
a  doctrine  was  never  before  avowed  under  any  government  of 
laws.  Most  assuredly,  language  like  this  was  never  before 
addressed  to  the  American  people. 

The  last  Administration  was  accused  of  extravagance,  and 
among  the  most  efficient  instruments  in  putting  it  down,  was 
the  far-famed  Committee  of  Retrenchment.  It  is  a  notorious 
fact,  that,  except  in  the  year  1829,  for  which  the  appropriations 
were  made  under  Mr.  Adams,  the  expenses  of  the  gov- 
ernment have  gone  on  increasing  every  year.  For  1829 
they  were  $12,669,490,  for  1830  $13.229,533,  for  1831, 
$14,777,991,  and  for  1832  the  definite  appropriations  rise  to 


23 

$16,657,669,  with  a  large  amount  not  ascertained.  So  noto- 
rious was  the  abandonment  by  the  friends  of  the  Administra- 
tion, when  they  came  into  power,  of  the  principles  professed 
by  them  on  this  point  while  in  opposition,  that  the  Retrench- 
ment Committee  and  its  report  were  denounced  as  an  imposi- 
tion, on  the  floor  of  Congress,  at  the  last  session,  by  a  gen- 
tleman second  to  no  other  among  the  opponents  of  the  late 
Administration. 

Finally,  a  general  process  of  reformation  was  vaguely 
promised,  as  among  the  benefits  to  be  effected  by  overturning 
the  former  administration.  In  the  inaugural  message  this 
greatly  abused  expression  was  adopted,  and  it  was  declared, 
that  "  the  task  of  reform  was  inscribed  by  the  recent  demon- 
stration of  public  sentiment,  on  the  list  of  executive  duties." 
How  that  task  was  performed,  in  reference  to  the  only  thing 
specified  in  the  message,  the  abusive  interference  of  the  Gene- 
ral Government  in  elections,  we  have  already  seen.  The  word 
was  soon  explained,  by  the  executive  practice,  to  mean  re- 
moving political  opponents  from  office.  Although  Congress 
was  advised  by  the  President,  for  grounds  stated  by  him,  to 
limit  the  duration  of  all  offices  to  four  years,  his  own  among 
the  rest ;  he  has  perceived  the  application  of  these  reasons 
neither  to  his  own  case  nor  that  of  any  of  his  friends ;  and 
the  word  "  Reform,"  and  the  thing,  which  it  has  been  made 
to  mean,  have  at  last  become  the  jest  and  scorn  of  the  People. 

In  this  way  have  the  promises,  under  which  the  present 
Administration  came  into  power,  been  fulfilled.  Nor  is  it  less 
notorious,  that  those  anticipations  of  danger  and  evil  formed 
and  expressed  by  the  friends  of  the  last  Administration,  have 
been  more  than  realized. 

It  was  foretold  that  the  sacred  authority  of  law,  which 
forms  the  great  practical  distinction  between  a  free  government 
and  a  despotism,  would  cease  to  be  the  rule  of  the  Adminis- 
tration. On  the  first  question,  which  presented  itself,  that  of 
our  relations  with  the  Indian  tribes,  a  law  substantially  coe- 
val with  the  government,  and  re-enacted  in  its  present  form 
thirty  years  ago,  was  avowedly  disregarded  by  the  President. 
In  like  manner,  the  long  list  of  treaties,  a  part  of  the  law  of 
the  land,  most  of  which  were  entered  into  by  the  United  States 
for  a  valuable  consideration,  were  set  at  nought  by  the  Ad- 
ministration,— the  United  States  keeping  the  consideration, 
while  they  deprive  the  Indians  of  the  benefit.  Since  the  last 


24 

session  of  Congress,  the  President  has  refused  to  carry  into 
effect  several  provisions  of  the  law,  making  appropriations  for 
internal  improvements,  on  the  ground  that  those  appropriations 
are  unconstitutional ;  and  this,  although  contained  in  acts 
signed  by  himself!  so  that  if  the  appropriations  are  consti- 
tutional, he  violates  his  oath  of  office  in  not  executing  them  ; 
if  unconstitutional,  he  violated  that  oath  when  he  signed  the 
bill. 

It  was  foretold,  that  if  he  were  elected,  the  great  cause  of 
internal  improvement  would  be  jeoparded,  on  which  more  than 
any  thing  in  the  physical  condition  of  the  country,  the  con- 
tinued union  of  its  far  distant  parts,  depends.  Although  it  is 
exceedingly  difficult  to  extract  from  the  Maysville  road  veto 
the  precise  notion  which  the  President  entertains  on  this  sub- 
ject, and  although  it  is  utterly  impossible,  by  any  artifice  of 
metaphysics,  to  draw  a  line  between  several  improvements 
which  he  has  sanctioned,  and  several  which  he  has  vetoed  ; 
yet,  it  is  a  matter  of  boast  among  his  partizans  at  the  South, 
that  no  more  roads  and  canals  are  to  be  made,  and  no  more 
improvements  of  rivers  attempted,  during  his  administration. 

The  support  to  be  expected  from  the  Chief  Magistrate  for 
tlie  domestic  industry  of  the  country  was  likewise  matter  of 
doubt  and  alarm.  Since  his  accession  to  power  his  influence 
on  this  great  interest  has  never  been  felt,  but  in  the  distraction 
and  embarrassment  of  its  friends.  The  reference  in  the  veto 
message  on  the  Bank  is  too  obvious  to  be  mistaken.  It  is  there 
declared  that,  "  Most  of  the  difficulties  our  Government  now 
encounters,  and  most  of  the  dangers  which  impend  over  our 
Union,  have  sprung  from  the  abandonment  of  the  legitimate 
objects  of  government,  by  our  National  Legislation,  and  the 
adoption  of  such  principles  as  are  embodied  in  this  act.  Many 
of  our  rich  men  have  not  been  content  with  equal  protection 
and  equal  benefits,  but  have  besought  us  to  make  them  richer 
by  act  of  Congress.  By  attempting  to  gratify  their  desires, 
we  have,  in  the  results  of  our  legislation,  arrayed  section  against 
section,  interest  against  interest,  and  man  against  man,  in  a 
fearful  commotion  which  threatens  to  shake  the  foundations 
of  our  Union.  It  is  time  to  pause  in  our  career,  to  review  our 
principles,  and,  if  possible,  revive  that  devoted  patriotism  and 
spirit  of  compromise  which  distinguished  the  sages  of  the  rev- 
olution, and  the  fathers  of  our  Union.  If  we  cannot  at  once, 
in  justice  to  interests  vested  under  improvident  legislation, 


25 

make  our  Government  what  it  ought  to  be,  we  can,  at  least, 
take  a  stand  against  all  new  grants  of  monopolies  and  exclu- 
sive privileges,  against  any  prostitution  of  our  Government  to 
the  advancement  of  the  few  at  the  expense  of  the  many,  and 
in  favor  of  compromise  and  gradual  reform  in  our  code  of  laws 
and  system  of  political  economy."  No  one  will  deny  that 
the  "  improvident  legislation"  here  aimed  at,  is  the  series  of 
laws  passed  for  the  protection  and  encouragement  of  manu- 
factures. And  it  may  be  observed,  that  the  vote  of  the  Pre- 
sident is  recorded  in  favor  of  the  tariff  of  1824,  the  only  one 
passed  while  he  was  a  member  of  Congress,  passed  too  at  a 
period  when  "  the  interests  vested  "  under  this  legislation  were 
not  yet  important  enough  to  require  a  majority  of  the  New 
England  members  of  Congress  to  vote  for  the  law. 

It  was  foretold  that  the  great  institutions  of  the  country 
would  be  endangered  under  his  administration.  The  con- 
tinued existence  of  that  institution  which  sends  a  sound  cur- 
rency to  the  remotest  village  of  the  Union  has  already  en- 
countered his  veto.  If  he  is  re/elected,  it  is  overturned. — The 
Treasury  Bank  which  he  has  recommended  in  its  stead,  is 
not  known  to  have  elicited  a  favorable  opinion  from  any  other 
person  in  the  country ;  and  would,  if  carried  into  effect,  be  an 
engine  of  corruption,  compared  with  which  the  scarlet  venality 
of  the  old  world  stands  abashed  and  pale.  The  Supreme 
Court  of  the  United  States  is  seriously  menaced.  An  elaborate 
essay  has  emanated  from  the  Cabinet  against  a  solemn  opin- 
ion of  that  tribunal.  One  of  the  missionaries  was  deprived 
of  the  place  of  Postmaster,  notoriously  to  divest  him  of  the 
character  of  an  agent  of  the  United  States,  and  thereby  to  bring 
him  within  the  grasp  of  the  Georgia  laws.  The  President  has 
done  nothing  to  rescue  these  missionaries  from  the  cruel  im- 
prisonment to  which  they  have  been  condemned  by  laws  pro- 
nounced unconstitutional  by  the  Supreme  Court ;  and  he  per- 
mits the  State  of  Georgia,  under  the  same  laws  to  seize,  and 
parcel  out  by  lottery,  the  lands  of  an  unprotected  and  depend- 
ent tribe,  guaranteed  to  them  by  treaty  stipulations,  negotiated 
by  himself,  and  declared  by  the  Court  to  be  of  unimpaired 
validity.  Of  its  opinions  he  has  declared  himself,  in  general 
terms,  independent.  Thus  far  he  has  already  gone.  When 
we  reflect  on  what  further  steps  may  be  reasonably  expected, 
should  his  administration  continue  in  power,  and  on  the  pos- 
sibility of  the  deeply  deplored  event,  which  may  cause  a  va- 
4 


26 

cancy  in  the  place  of  the  Chief  Justice  of  that  Court,  to 
be  filled  by  a  successor  who  will  carry  on  the  war  against 
the  Constitution,  within  the  very  citadel  of  its  strength, — this 
Convention  wants  words  to  express  its  feelings— of  anxiety 
and  apprehension. 

It  was  predicted  that  if  the  late  Administration  should  be 
prostrated,  it  would  be  succeeded  by  a  system  of  personal  de- 
traction and  violence,  and  a  reign  of  terror.  The  anticipa- 
tions on  this  subject  have  been  more  than  fulfilled.  The 
presses  called  into  being  by  the  patronage,  or  enjoying  the 
countenance  of  the  Government,  have  reached  a  point  of  fe- 
rocity and  virulence  before  unexampled.  Individual  and  pri- 
vate character  is  avowedly  assailed  as  the  means  of  political 
annoyance;  and  falsehoods  the  most  gross  and  infamous  are 
systematically  fabricated  and  circulated  against  all  persons 
who  dare  to  raise  their  voices,  in  Congress  or  out  of  it,  against 
the  abuses  of  the  Administration.  Nor  has  the  system  of 
intimidation  stopped  here.  At  the  last  session  of  Congress, 
the  most  strenuous,  persevering  and  substantially  successful 
efforts  were  made  by  the  friends  of  the  Administration  to  screen 
from  punishment  the  author  of  a  violent  assault  upon  a  mem- 
ber of  the  House  of  Representatives.  The  same  majority  re- 
fused to  take  cognizance  of  a  challenge  sent  to  another  mem- 
ber, for  having  offered  a  question  to  be  proposed  by  the  House 
to  a  witness  at  its  bar ;  and  on  the  same  day  on  which  the 
subject  was  contemptuously  dismissed  by  the  majority,  an  at- 
tempt was  made  to  shoot  down  another  member  upon  the 
steps  of  the  Capitol.  After  all  these  acts  of  violence,  it  was 
still  found  impossible  to  obtain  even  a  Committee  of  Inquiry 
into  the  extent  of  the  measures  of  menace,  violence,  and  blood- 
shed, which  had  been  resorted  to,  to  suppress  the  freedom  of 
debate  and  overawe  the  two  houses  of  Congress.  Although 
these  occurrences  had  fully  demonstrated,  that  it  was  at  the 
peril  of  his  life  that  any  member  of  Congress  should  boldly 
discharge  his  duty  as  an  opponent  of  the  Administration-,  not 
a  press  in  its  interest  was  heard  to  raise  its  voice  against  the 
system  of  menace  and  bloodshed.  On  the  contrary,  the  acts 
of  violence  alluded  to  were  justified,  palliated,  or  excused. 

In  a  word,  it  was  predicted  that  the  Union  itself  would 
be  jeoparded  in  the  principles  and  practice  of  the  existing 
Administration.  The  fulfilment  of  this  apprehension  is  but 
too  visibly  presented  to  us.  At  the  time  when  the  present  Chief 


27 

Magistrate  came  into  office,  the  Georgia  question  was  at  its 
crisis.  That  State  had  unfortunately  thrown  itself  into  un- 
constitutional and  illegal  opposition  to  the  General  Govern- 
ment, in  the  execution  of  the  laws  and  treaties  in  favor  of 
the  Indians.  But  the  firmness  of  the  last  Administration 
and  the  presence  of  two  or  three  companies  of  United  States 
troops  (marched  into  the  disturbed  district  at  the  request  of 
Georgia)  had  proved  amply  sufficient  to  protect  these  dependent 
tribes.  On  the  accession  of  the  present  Chief  Magistrate,  this 
ground  was  abandoned — the  troops  of  the  United  States  be- 
fore long  withdrawn.  Ministers  of  the  Gospel,  sent  by  actual 
permission  of  the  Government  and  partly  at  its  expense,  thrown 
into  a  felon's  jail,  and  the  right  of  Georgia  to  nullify  the  laws 
and  treaties  expressly  admitted.  Encouraged  by  the  success 
of  this  disastrous  experiment,  another  State  has  taken  the 
field  against  the  supremacy  of  the  laws,  and  pleads  the  exam- 
ple of  Georgia  as  the  precedent  and  justification.  It  is  true, 
that  no  direct  countenance  has  been  given  in  words  by  the 
present  Administration,  to  the  policy  of  South  Carolina.  But 
the  late  Veto  Message  represents  it  as  the  natural  consequence 
of  what  it  stigmatises  as  improvident  legislation.  The  fatal 
and  pregnant  error  was  committed,  when  the  State  of  Georgia 
was  allowyed  to  set  the  law  at  defiance  ;  and  this  Convention 
has  yet  to  learn  to  what  good  purpose  theoretical  nullification 
is  countenanced  in  Georgia. 

But  without  enlarging  on  this  point,  the  whole  tone  of  the 
Administration  is  against  the  Union.  An  extravagant  and 
ill-considered  declamation  on  State  rights,  belonging  only  to  a 
low  order  of  partizan  prints,  characterizes  several  of  its  state 
papers ;  all  the  'institutions  and  principles  which  act  as  the 
bonds  and  guards  of  the  Union  have  been  assailed ;  exploded 
doctrines  and  prejudices  hostile  to  the  Union  have  been  re- 
vived ;  the  Bank  prostrated ;  the  Court  disregarded  and  threat- 
ened ;  the  Senate  menaced  with  the  reduction  of  its  term  to 
two  years ;  the  House  of  Representatives  vilified  ;  both 
branches  set  at  nought  by  the  unheard-of  multiplication  of 
Vetoe ;  every  thing,  in  short,  attempted,  which  has  the  effect 
to  resolve  the  Union  into  jealous  and  discordant  elements,  and 
by  destroying  all  the  other  functions  of  the  General  Govern- 
ment, to  concentrate  its  remaining  powers  in  the  hands  of  the 
Executive. 

The  effects  of  this  warfare  upon  the  principles  of  the  Union 


28 

on  the  part  of  those  whose  sworn  and  constitutional  duty  it  is 
to  defend  it,  are  but  too  evident  in  the  daily  growing  despon- 
dency of  patriotic  men.     The  permanency  of  our  institutions, 
which  but  a  few  years  since  was  considered  beyond  the  reach 
of  danger,  is   a  topic  now  of  contemplation,  as  familiar  as  it  is 
painful.     A   distressing  conviction   gains  strength,   that  the 
Government  of  the  country  is  in  the  hands  of  its  enemies,  and 
that  great  and  indefinite  but  fatal  changes  are  hanging  over  us. 
But  with  all  these  inauspicious  predictions  which  have  been 
but  too  fully  verified,  it  was  foretold  that  the  combinations 
which  had  brought  the   present  Administration  into  power 
would  dissolve  as  speedily  as  they  had  been  formed  ;  and  that 
the  eyes  of  the  people  would  eventually  be  opened  to  the  delu- 
sion under  which  they  had  labored.     Although  no  person  who 
feels  any  reliance  upon  the  intelligence  and  patriotism  of  the 
community  could  doubt  that  such  would  be  the  result,  it  must 
be  admitted  that,  for  a  while,  the  prospect  was  gloomy  of  its 
seasonable  accomplishment.     But  it  has  been  brought  about 
sooner  than  could  have  been  anticipated.     One  entire  section 
of  the  party  which  raised  the  present  Chief  Magistrate  to  the 
Chair,  disgusted  by  personal  grievances,  of  a  character  the 
most  extraordinary  and  offensive,  was  soon  repelled  from  the 
support  of  the  Administration.     But  the  changes  which  are  to 
prove  decisive  of  the  election  are  those  which  have  taken  place 
and  are  going  on  in  the  great  States  of  New  York,  Pennsyl- 
vania, and  Ohio.     New  York  was  but  equally  divided  in  1828. 
A  small  decrease  of  the  strength  then  enlisted  in  support  of 
the  present  Chief  Magistrate  is  all  that  was  required  to  turn 
the  scale.     The  most  extensive  disaffection  is  known  to  have 
taken  place — and  that  State  will  unquestionably  be  found  in 
opposition.     The  vote  of  Ohio  was  given  to  the  present  in- 
cumbent in  1828,  by  a  slender  majority,  and  since  that  period 
she  has  elected  a  National  Republican  Chief  Magistrate,  and  a 
large  majority  of  members  of  Congress,  opposed  to  the  Ad- 
ministration.     The  understanding   that   has   been   happily 
effected  between  its  opponents  makes  it  all  but  certain  that  it 
will  be  left  in  a  minority.     The  state  of  Pennsylvania  support- 
ed Gen.  Jackson  by  an  overwhelming  vote.     It  must  be  admit- 
ed  that  a  change  sufficiently  extensive  to  produce  an  opposite 
result  was  scarcely  to  be  expected.     But  the  warfare  waged 
upon  the  cause  of  internal  improvement,  the  equivocal  policy 
on  the  subject  of  manufactures,  and  the  prostration  of  the  Bank 


29 

have  shaken  the  Administration  to  the  centre.  It  is  confi- 
dently believed  that  a  cordial  union  between  the  opponents  of 
the  Administration  in  that  State,  will  ensure  its  defeat.  The 
preparatory  elections  amply  authorize  this  expectation.  It  is 
unnecessary  to  say,  that  the  loss  of  these  States — of  any  two 
of  them — of  New  York  alone,  is  the  loss  of  the  election. 

The  limits  of  this  Address  do  not  permit  the  Convention  to 
go  into  great  detail  on  the  subject  of  the  election,  but  it  is  be- 
lieved that  the  following  general  statements  may  be  received 
with  confidence : — 

It  is  well  known  that  in  the  Presidential  election  of  1828, 
notwithstanding  the  large  majority  of  electoral  votes  by  which 
the  chief  magistrate  was  chosen,  his  majority  of  popular  votes 
in  the  aggregate,  exceeded  those  cast  for  Mr.  Adams  in  a  pro- 
portion of  less  than  6£  to  5.  It  is  equally  well  known,  that 
a  change  of  less  than  twelve  thousand  votes  in  five  States, 
choosing  sixty  electors,  would  have  taken  those  States  from 
Gen.  Jackson  and  have  given  them  to  Mr.  Adams,  who,  in 
that  event,  would  have  been  re-elected  by  a  majority  of  twen- 
ty-five votes.  These  facts  are  stated  to  correct  the  prevalent, 
but  very  erroneous  impression,  that  the  present  Chief  Magis- 
trate was  the  choice  of  an  overwhelming  majority  of  the  peo- 
ple. They  also  in  like  manner  show  how  small  a  decrease  of 
strength  must  prevent  his  re-election.  Whether  the  opponents 
of  his  administration  are  not  perfectly  reasonable  in  saying  that 
he  has  lost  the  confidence  of  the  People,  not  in  a  slight  but  in 
a  very  great  degree,  may  be  fearlessly  submitted  to  the  de- 
cision of  all  candid  men. 

When  we  look  at  the  individual  States,  we  find  every  thing 
to  gratify  and  encourage  us.  The  auspicious  result  of  the 
late  election  in  Maine  authorizes  a  confident  hope  that  that 
powerful  State  will  redeem  herself  from  her  thraldom.  The 
people  of  that  State,  as  well  as  of  Massachusetts,  have  reasons, 
in  some  degree  peculiar  to  themselves,  for  seeking  a  change  in 
the  Administration.  The  extraordinary  manner  in  which  the 
affair  of  the  North-Eastern  boundary  of  the  Union  has  been 
conducted,  has  brought  into  jeopardy  a  territory  nearly  as 
large  as  the  Commonwealth,  the  joint  property  of  the  two 
States.  But  the  neglect  of  the  President  to  sign  the  bill  for 
the  payment  of  interest  on  the  sums  of  money  advanced  for 
military  services,  in  the  last  war,  is  an  act  of  still  more 
astonishing  usurpation.  By  this  arbitrary  act,  the  people  of 


30 

Massachusetts  and  Maine  are  deprived  of  half  a  million  of 
dollars,  judged  by  the  two  Houses  of  Congress  to  be  righteous- 
ly their  due  ;  and  this  without  the  assignment  of  a  reason  or 
even  a  pretence.  When  to  this  is  added  that  the  defeat  by 
the  votes  of  his  friends  in  the  House  of  Representatives,  of  the 
land  bill,  which  was  carried  through  the  Senate  by  the  ex- 
traordinary efforts  and  talents  of  Mr.  Clay,  has  deprived  the 
people  of  the  two  States  of  an  annual  dividend  of  half  the 
above-named  sum,  it  will  be  admitted  that  their  citizens  have 
no  cause  to  wish  the  continuance  of  his  administration.  The 
fundsrof  which  we  have  been  thus  deprived,  and  partly  by  the 
individual  act  of  the  President,  would  have  carried  on  a  ju- 
dicious system  of  public  works  and  internal  improvements  in 
every  part  of  the  Commonwealth. 

Should  the  election  in  Maine  correspond  with  our  antici- 
pations, New-Hampshire  will  be  the  only  State  voting  against 
Gen.  Jackson  in  1828,  and  likely  to  vote  for  him  in  1832.  It 
is  a  matter  of  painful  reflection,  that  while  it  is  necessary  even 
in  Tennessee  to  choose  the  electors  by  general  ticket  rather 
than  in  districts,  to  prevent  the  loss  of  at  least  one  of  the  elec- 
toral votes,  the  intelligence  and  patriotism  of  this  part  of  New- 
England  should  be  mastered  by  the  corrupting  influences  that 
have  been  so  sedulously  applied  to.it.  Passing  onward  to  the 
South,  it  is  impossible  to  find  another  electoral  vote,  which 
the  President  is  sure  to  obtain,  till  we  reach  Maryland,  where 
one  or  two  of  the  districts  may  possibly  still  adhere  to  him. 
The  four  remaining  States  of  New-England,  New-York,  New- 
Jersey,  and  Delaware,  a  large  .majority  of  the  votes  in  Mary- 
land, and  as  we  believe  the  vote  of  Pennsylvania,  will  be  given 
in  opposition  to  the  incumbent. 

As  far  as  present  appearances  authorize  an  opinion,  we 
consider  it  certain  that  the  following  votes  will  be  given  against 
Gen.  Jackson,  viz :  Massachusetts  14,  Vermont  7,  Rhode 
Island  4,  Connecticut  8,  New- York  42,  New- Jersey  8,  Penn- 
sylvania 30,  Delaware  3,  Maryland  7,  Louisiana  5,  Kentucky 
15,  Ohio  21  ;  in  the  aggregate  164.  To  these  we  add,  as 
highly  probable,  Maine  10,  South  Carolina  11,  Indiana  9, 
which  added  to  the  former  sum  give  194  ;  the  whole  number 
of  votes  being  288. 

It  is  evident,  then,  that  after  all  requisite  allowance  is  made 
for  erroneous  calculations,  we  are  still  authorized  to  come  to 
the  conclusion  that  if  the  opponents  of  the  Administration  are 


31 

true  to  themselves,  its  doom  is  sealed.  But  it  is  only  by  un- 
ion among  themselves  that  this  great  and  paramount  object 
can  be  accomplished.  Much  has  been  done  ;  much  is  doing ; 
the  spirit  of  the  people  is  aroused  ;  the  grievance  is  felt ;  the 
peril  of  the  country  has  come  home  to  the  hearts  of  men  ;  but 
one  thing  still  is  wanting,  cordial  and  effective  union.  To  this 
we  beg  leave  most  earnestly  to  exhort  our  fellow-citizens, 
warning  them  that  nothing  less  than  their  undivided  strength 
Avill  suffice  for  the  great  work  to  be  performed,  and  assuring 
them  that  with  it  the  plague  that  is  now  wasting  us  may  be 
arrested,  and  the  country  saved. 

Let  it  not  be  forgotten  for  a  moment,  nor  by  any  citizen, 
that  since  the  formation  of  the  Constitution  no  period  so  criti- 
cal of  its  fate  has  existed.  There  is  too  much  reason  to  fear 
that,  in  one  event  of  the  election,  it  is  the  last  which  will  ever 
be  held  in  these  now  United  States ;  and  we  cannot  but  ex- 
hort our  fellow-citizens  of  the  Commonwealth  and  the  Union 
at  large  to  approach  the  impending  crisis  with  the  spirit  be- 
longing to  the  occasion.  We  have  to  contend  with  a  party 
lately  possessing  a  majority  in  the  country,  organized  under 
the  most  skilful  political  tacticians,  wielding  unscrupulously 
the  entire  patronage  of  the  government,  openly  proposing  the 
highest  offices  in  the  public  service  as  the  spoils  of  victory, 
inundating  through  the  means  of  the  post-office  the  remotest 
corners  of  the  Union  with  the  effusions  of  a  press  of  unex- 
ampled malignity,  and  besieging  the  polls  with  the  entire  host 
of  office-holders.  Against  this  formidable  array  the  friends 
of  the  constitution  and  of  a  government  of  laws  have  to  con- 
tend, with  no  other  weapons  but  those  of  truth  and  a  zealous 
patriotism.  We  implore  our  countrymen  of  all  names  and 
parties,  opposed  to  the  Administration,  to  arise,  unite,  and  car- 
ry on  the  great  work  so  nobly  begun.  Already  the  strength 
of  the  Administration  is  crumbling  in  the  State  of  Pennsylva- 
nia, whose  support  originally  called  it  into  being,  and  of  New 
York,  whose  later  adhesion  seemed  to  raise  it  above  the  fear 
of  oppositiofi.  It  has  been  found  that  the  mad  boast  that  the 
popularity  of  the  President  will  bear  any  thing,  has  betrayed 
those  who  trusted  it  too  far.  The  popularity  of  a  gallant  and 
successful  military  commander  (from  whom  the  National  Re- 
publicans of  Massachusetts  never  withheld  any  reasonable 
ackowledgment)  could  indeed  bear  much ;  but  there  is  a 
limit  to  endurance.  The  law  of  the  land,  the  independence 


32 

of  both  branches  of  the  National  Legislature,  the  Supreme 
Court  of  the  United  States,  the  currency  of  the  country,  the 
leading  principles  of  public  policy,  the  characters  of  its  best 
and  purest  citizens,  the  Constitution  and  the  Union,  all  of 
which  have  been  assailed,  trampled  upon,  or  menaced,  are 
too  costly  a  sacrifice  to  be  offered  up  to  any  man.  The  Con- 
vention rejoice  in  the  belief  that  the  time  has  not  yet  come  in 
the  United  States  when  any  man's  popularity  will  bear  this. 
Too  much  has  been  exacted  of  the  supporters  of  the  Admin- 
istration. The  extraordinary  spectacle  has  been  exhibited  of 
a  President  nominally  retaining  the  confidence  of  a  majority 
of  the  People  and  of  their  representatives,  but  complaining, 
through  his  recognized  organ,  that  not  one  of  his  measures 
can  obtain  the  sanction  of  Congress.  But  at  last  the  delusion 
is  broken.  Press  after  press,  district  after  district,  State  after 
State,  of  those  once  devoted  to  him,  is  giving  way ;  a  tre- 
mendous reaction  has  taken  place ;  and  it  is  at  this  time  a 
matter  of  serious  doubt,  whether  there  is  a  single  individual  in 
the  United  States,  unbiassed  by  the  possession  or  the  expec- 
tation of  office  or  emolument,  and  whose  judgment  is  enti- 
tled to  respect,  who  will  say  that  the  present  Administration 
can  be  continued  with  safety  to  the  country. 

But  the  last  struggle  will  no  doubt  be  severe.  It  is  one  of 
life  or  death  to  those  who  subsist  on  the  spoils  of  victory.  The 
opponents  of  the  Administration  have  strength  enough  to  over- 
turn it,  but  none  to  waste  "on  mutual  dissensions  or  a  warfare 
with  each  other.  Considerate  and  reflecting  men  must  cpme 
forward,  and  let  their  voices  be  heard.  Hasty  and  indiscreet 
partizans  of  no  denomination  must  be  permitted  to  sow  dis- 
cord between  the  forces  united  in  this  patriotic  warfare.  The 
last  hope  of  the  Administration  is  in  our  divisions.  Bereft  of 
strength  in  itself,  it  now  relies  on  the  weakness  of  the  sepa- 
rate sections  of  those  opposed  to  it.  It  strives  to  excite  dissen- 
sions among  them,  and  exasperate  them  against  each  other. 
But  it  strives  in  vain,  and  the  Convention  trust  that  they 
speak  the  voice  of  their  constituents  when  they  proclaim  it  as 
their  own  sentiment,  that  not  one  vote  in  opposition  to  the  pres- 
ent Administration  shall  be  thrown  away. 
,  In  discharging  the  duty  devolved  upon  them  of  nominat- 
^ng  a  list  of  Electors,  the  Convention  present  to  the  good  Peo- 
ple of  the  Commonwealth  the  names  of  fourteen  citizens,  be- 
lieved to  be  devoted,  on  patriotic  principle,  to  the  election  of 


33 

Henry  Clay  and  John  Sergeant,  as  President  and  Vice  Presi- 
dent of  the  United  States.  The  Convention  does  not  deem 
it  necessary  to  enlarge  upon  the  merits  of  these  distinguished 
individuals,  already  adopted  as  their  candidates  by  the  people 
of  the  Commonwealth,  by  whom  we  are  ourselves  delegated, 
and  by  the  National  Republican  Convention  assembled  at 
Baltimore.  In  Mr.  Clay  the  people  of  the  United  States  be- 
hold a  statesman  of  the  most  distinguished  talents,  of  long 
and  various  experience  in  the  public  service,  and  of  the  most 
devoted  and  generous  patriotism.  In  early  youth  and  in  ma- 
turer  years,  as  a  citizen  and  as  a  representative,  at  home  and 
abroad,  in  peace  and  in  war,  in  the  chair  of  the  House  of 
Representatives,  in  a  most  important  diplomatic  capacity,  in 
the  cabinet  and  in  the  Senate,  he  has  been  the  strenuous,  in- 
defatigable, eloquent  and  triumphant  supporter  of  those  prin- 
ciples of  government  and  policy  on  which  the  union  of  the 
States  and  prosperity  of  the  People  depend.  Mr.  Sergeant  is 
eminent  among  the  first  jurists  and  statesmen  of  the  country. 
His  professional  respectability,  and  public  services  both  at 
home  and  abroad,  are  such  as  to  entitle  him  to  the  support  of 
the  People  of  the  United  States  for  the  high  station  to  which 
he  has  been  nominated  by  the  National  Republican  party. 

The  entire  political  lives  of  these  distinguished  statesmen 
are  a  guaranty  to  the  country  that,  beneath  their  auspices,  the 
reign  of  violence,  of  arbitrary  discretion,  of  secret  influence 
and  peremptory  dictation  will  pass  away,  and  that  of  civil 
rule  will  return.  Under  their  Administration,  the  people  of 
the  United  States  will  enjoy,  what  they  are  now  deprived  of, — 
the  benefit  of  a  government  of  law.  The  directory  of  the 
Administration  will  be  sought  in  the  statute  book,  and  the  other 
constitutional  depositaries  of  the  law,  and  not  in  a  private  ex- 
ecutive construction.  Offices,  whose  uncorrupt  discharge  ia 
essential  to  the  welfare  of  the  people,  will  no  longer  be  regard- 
ed as  spoils  of  victory.  Appointments  repeatedly  negatived 
by  the  constitutional  advisers  of  the  President  will  not  be  re- 
newed, by  his  sole  will,  the  moment  that  the  Senate  adjourns. 
The  execution  of  laws  will  not  be  suspended  on  the  pretence 
of  their  unconstitutionally.  The  countenance  of  the  Admin- 
istration will  not  be  extended  to  an  unprincipled  press,  nor 
offices  of  trust  and  emolument  bestowed  as  the  reward  of  the 
slanderer.  The  patronage  of  the  Government  will  net  yet  be 
exerted  to  defeat  the  will  of  the  People.  The  great  domestic 
5 


34 

interests  of  the  country  will  be  upheld,  by  a  steady,  unequiv- 
ocal support.  Its  industry  will  be  spared  the  shock  of  a  dis- 
ordered currency.  The  faith  of  treaties  will  be  kept  sacred  ; 
and  the  honor  of  the  United  States  be  sustained  in  their  in- 
tercourse with  foreign  governments ;  and  the  union  of  the 
States,  the  precious  legacy  we  have  inherited  from  our  fa- 
thers, will  be  preserved  unimpaired  for  our  children. 

These  are  the  objects  for  which  we  contend.  If  we  suc- 
ceed in  the  noble  effort,  we  shall  enjoy  the  satisfaction  of 
having  contributed  to  rescue  our  beloved  country  in  the  hour 
of  her  dearest  peril. 

If  we  are  destined  to  fail  and  it  is  appointed  by  an  all-wise 
Providence,  that  our  country  shall  be  abandoned  to  a  con- 
tinuance of  that  misrule,  which  has  brought  it  to  the  verge 
of  ruin,  we  shall  have  the  consolation  that  we,  at  least,  were 
not  wanting  to  our  duty.  The  interests  at  stake  are  beyond 
all  power  of  description.  Mighty  battles  of  nations  arrayed 
against  each  other,  may  be  lost  or  won,  with  no  other  effect 
than  to  decide  by  what  name  of  tyranny  both  shall  be  op- 
pressed. But  if  in  the  great  civil  warfare  now  waged,  the 
friends  of  the  country  are  defeated ;  if,  by  the  divisions  of 
those  who  march  beneath  it,  the  banner  of  the  Constitution 
is  cloven  down,  the  cause  of  liberty  protected  by  law  is  sac- 
rificed for  all  nations,  and  for  all  time.  The  crisis  is  fearful, 
the  danger  impending,  the  responsibility  tremendous ;  and 
this  Convention  calls  upon  every  man,  as  he  loves  his  country, 
to  come  forward  and  do  his  duty. 

NATHANIEL  SILSBEE,  President. 
GEORGE  BLAKE,  ""I 

JOSEPH  LYM AN,  \Vice  Presets. 

AARON    1  UFTS, 
CORNELIUS  GRINNELL,J 

THOMAS  KINNICUTT,  ) 

WM.  PORTER,  JR.    t     >  Secretaries. 

CHARLES  BUNKER,      ) 


MR.  WEBSTER'S  SPEECH. 


MR.  PRESIDENT, — I  offer  no  apology  for  addressing  the 
meeting.  Holding,  by  the  favor  of  the  people  of  this  Common- 
wealth, an  important  public  situation,  I  deem  it  no  less  than  a 
part  of  my  duty,  at  this  interesting  moment,  to  make  my  own 
opinions  on  the  state  of  public  affairs  known  ;  and,  however  I 
may  have  performed  other  duties,  this,  at  least,  it  is  my  pur- 
pose, on  the  present  occasion,  fully  to  discharge.  Not  intend- 
ing to  comment,  at  length,  on  all  the  subjects  which  now  at- 
tract public  attention,  nor  to  discuss  any  thing,  in  detail,  I 
wish,  nevertheless,  before  an  assembly  so  large  and  respectable 
as  the  present,  and  through  them  to  the  whole  people  of  the 
State,  to  lay  open,  without  reserve,  my  own  sentiments,  hopes, 
and  fears,  respecting  the  state,  and  the  fate,  of  our  common 
country. 

The  Resolutions  which  have  been  read  from  the  Chair  ex- 
press the  opinion  that  the  public  good  requires  an  effectual 
change  in  the  administration  of  the  General  Government,  both 
of  measures,  and  of  men.  In  this  opinion,  I  heartily  concur. 

Mr.  President, — there  is  no  citizen  of  the  State,  who,  in  prin- 
ciple and  by  habitual  sentiment,  is  less  disposed  than  myself  to 
general  opposition  to  Government  ;  or  less  desirous  of  frequent 
changes  in  its  administration.  I  entertain  this  feeling  strongly^ 
and  at  all  times,  towards  the  Government  of  the  United  Statesj 
because  I  have  ever  regarded  the  Federal  Constitution  as  a 
frame  of  Government  so  peculiar,  and  so  delicate  in  its  rela* 
tions  to  the  State  Governments,  that  it  might  be  in  danger  of 
overthrow,  as  well  from  an  indiscriminate  and  wanton  opposi- 


36 

lion,  as  from  a  weak  or  a  wicked  Administration.     But  a  case 
may  arise,  in  which  the  Government  is  no  longer  safe,  in  the 
hands  to   which   it   has   been  entrusted.      It   may  come  to 
be   a   question,  not  so   much    in    what  particular  manner,  or 
according  to  what  particular  political  opinions,  the    Govern- 
ment  shall   be   administered,    as   whether   the    Constitution 
itself  shall  be  preserved   and  maintained.     Now,  sir,   in  my 
judgment,  just  such  a  case,  ami  just  such  a  question,  are  at  this 
moment  before  the  American  People.     Entertaining  this  sen- 
timent, and  thoroughly  and  entirely  convinced  of  its  truth,  t 
wish,  as  far  as  ray  humble  power  extends,  to  awaken  the  People 
to  a  more  earnest  attention  to  their  public  concerns.     With  the 
People,  and  the  People  alone,  lies  any  remedy  for  the  past,  and 
any  security  for  the  future.     No  delegated  power  is  equal  to 
the  exigency  of  the  present  crisis.     No  public  servants,  how- 
ever able  or  faithful,  have  ability  to  check,  or  to  stop  the  fear- 
ful tendency  of  things.     It  is  a  case  for  sovereign  interposition. 
The  rescue,  if  it  come  at  all,    must   come   from    that   power, 
which  no  other  on  earth  can  resist.      I  earnestly  wish,  there- 
fore, unimportant  as  my  own  opinions  may  be,    and  entitled, 
as  I   know  they   are,  to  no  considerable  regard,   yet,    since 
they  are  honest  and  sincere,  and  since  they  respect  nothing  less 
than  dangers  which  appear  to  me  to  threaten  the  Government 
and  Constitution  of  the  country,  I  fervently  wish,  that  I  could 
now  make  them  known,  not  only  to  this  meeting,  and  to  this 
State,  but  to  every  man  in  the  Union.      I  take  the  hazard   of 
the  reputation  of  an  alarmist  ;  I  cheerfully  submit  to  the  impu- 
tation of  over-excited  apprehensions  ;  I  discard  all  fear  of  the 
cry  of  false  prophecy,  and  I  declare,  that,  in  rny  judgment,  not 
only  the  great  interests  of  the  country,  but  the   Constitution  it- 
self is  in  imminent  peril,  and  that  nothing  can  save,    either  the 
one  or  the  other,  but  that  voice,  which  has  authority  to  say,  to 
the  evils  of  misrule  and  misgovernment,  Hitherto  shall  ye  come, 
but  no  farther. 

It  is  true,  sir,  that  it  is  the  natural  effect  of  a  good  constitu- 
tion to  protect  the  people.  But  who  shall  protect  the  Constitu- 
tion ?  Who  shall  guard  the  guardian  ?  What  arm  but  the 
mighty-  arm  of  the  People  itself,  is  able,  in  fa  popular  govern- 
ment, to  uphold  public  institutions  ?  The  Constitution  itself  is 
but  the  creature  of  the  public  will,  and  in  every  crisis  which 
threatens  it,  it  must  owe  its  security  to  the  same  power  to  which 
it  owes  its  origin. 


37 

The  appeal,  therefore,  is  to  the  People.  Not  to  party,  nor 
to  partizans  ;  not  to  professed  politicians  j  not  to  those  who 
have  an  interest  in  office  and  place,  greater  than  their  stake 
in  the  country  j  but  to  the  People,  and  the  whole  People  ;  to 
those,  who,  in  regard  to  political  affairs,  have  no  wish  but  for 
a  good  government,  and  who  have  power  to  accomplish  their 
own  wishes. 

Mr.  President, — are  the  principles  and  leading  measures  of 
the  Administration  hostile  to  the  great  interests  of  the  country  ? 

Are  they  dangerous  to  the  Constitution,  and  to  the  Union  of 
the  States  ? 

Is  there  any  prospect  of  a  beneficial  change  of  principles  and 
measures,  without  a  change  of  men  ? 

Is  there  reasonable  ground  to  hope  for  such  a  change  of 
men  ? 

On  these  several  questions,  I  desire  to  state  my  own  convic- 
tions, fully,  though  as  briefly  as  possible. 

As  government  is  intended  to  be  a  practical  institution,  if  it 
be  wisely  formed,  the  first  and  most  natural  test  of  its  adminis- 
tration is  the  effect  produced  by  it.  Let  us  look,  then,  to  the 
actual  state  of  our  affairs.  Is  it  such  as  should  follow  a  good 
administration  of  a  good  Constitution  ? 

Sir,  we  see  one  State  openly  threatening  to  arrest  the 
execution  of  the  revenue  laws  of  the  Union,  by  acts  of 
her  own.  This  proceeding  is  threatened,  not  by  irresponsible 
persons,  but  by  those  who  fill  her  chief  places  of  power  and 
trust. 

In  another  State,  free  citizens  of  the  country  are  imprisoned, 
and  held  in  prison,  in  defiance  of  a  judgment  of  the  Supreme 
Court,  pronounced  for  their  deliverance.  Immured  in  a  dun- 
geon, marked  and  patched  as  subjects  of  penitentiary  punish- 
ment, these  free  citizens  pass  their  days  in  counting  the  slow 
revolving  hours  of  their  miserable  captivity,  and  their  nights  in 
feverish  and  delusive  dreams  of  their  own  homes  and  their 
own  families  ;  while  the  Constitution  stands,  adjudged  to  be 
violated,  a  law  of  Congress  is  effectually  repealed  by  the  act 
of  a  State,  and  a  judgment  of  deliverance,  by  the  Supreme 
Court,  is  set  at  nought  and  contemned. 

Treaties,  importing  the  most  solemn  and  sacred  obligations, 
are  denied  to  have  binding  force. 

A  feeling,  that  there  is  great  insecurity  for  property, 
and  the  stability  of  the  means  of  living,  extensively  prevails. 


38 

The  whole  subject  of  the  Tariff,  acted  on  for  the  moment, 
is,  at  the  same  moment,  declared,  not  to  be  at  rest,  but  liable 
to  be  again  moved,  and  with  greater  effect,  just  so  soon  as  pow- 
er for  that  purpose  shall  be  obtained. 

The  currency  of  the  country,  hitherto  safe,  sound,  and  uni- 
versally satisfactory,  is  threatened  with  a  violent  change,  and 
an  embarrassment  in  pecuniary  affairs,  equally  distressing  and 
unnecessary,  hangs  over  all  the  trading  and  active  classes  of 
society. 

A  long-used,  and  long-approved  Legislative  Instrument  for 
the  collection  of  revenue,  well  secured  against  abuse,  and  al- 
ways responsible  to  Congress  and  to  the  laws,  is  denied  further 
existence  ;  and  its  place  is  proposed  to  be  supplied  by  a  new 
branch  of  the  Executive  Department,  with  a  money  power, 
controlled  and  conducted  solely  by  Executive  agency. 

The  power  of  the  VETO  is  exercised,  not  as  an  extraordi- 
nary, but  as  an  ordinary  power  ;  as  a  common  mode  of  de- 
feating Acts  of  Congress,  not  acceptable  to  the  Executive. 
We  hear,  one  day,  that  the  President  needs  the  advice  of  no 
Cabinet  ;  that  a  few  Secretaries,  or  Clerks,  are  enough  for 
him.  The  next,  we  are  informed,  that  the  Supreme  Court  is 
but  an  obstacle  to  the  popular  will,  and  the  whole  judicial  de- 
partment but  an  incumbrance  to  Government.  And  while,  on 
one  side,  the  judicial  power  is  thus  derided  and  denounced, 
on  the  other  arises  the  cry,  "cut  down  the  Senate" ;  and  over 
the  whole,  at  the  same  time,  prevails  the  loud  avowal,  shouted 
with  all  the  lungs  of  conscious  party  strength,  and  party  triumph, 
that  the  spoils  of  the  enemy  belong  to  the  victors.  This  con- 
dition of  things,  sir,  this  general  and  obvious  aspect  of  affairs, 
is  the  result  of  three  years'  administration,  such  as  the  country 
has  experienced. 

But  not  resting  on  this  general  view  of  results,  let  me  inquire 
what  the  principles  and  policy  of  the  Administration -are,  on 
the  leading  interests  of  the  country,  subordinate  to  the  Consti- 
tution itself.  And  first,  what  are  its  principles,  and  what  its 
policy,  respecting  the  Tariff?  Is  this  great  question  settled, 
or  unsettled  ?  And  is  the  present  Administration  for,  or  against, 
the  Tariff? 

Sir,  the  question  is  wholly  unsettled,  and  the  principles  of  the 
Administration,  according  to  its  most  recent  avowal  of  those 
principles,  are  adverse  to  the  protecting  policy,  decidedly  hostile 
to  the  whole  system,  root  and  branch ;  and  this  on  permanent 
and  alleged  constitutional  grounds. 


39 

In  the  first  place,  nothing  has  been  done  to  settle  the  Tariff 
question.  The  Anti-Tariff  gentlemen  who  voted  for  the  late 
law  have,  none  of  them,  said  they  would  adhere  to  it.  On  the 
contrary,  they  supported  it,  because,  as  far  as  it  went,  it  was 
reduction,  and  that  was  what  they  wished  ;  and  if  they  obtained 
this  degree  of  reduction  now,  it  would  be  easier  to  obtain  a 
greater  degree  hereafter ;  and  they  frankly  declared  that  their 
intent  and  purpose  was  to  insist  on  reduction,  and  to  pursue  re- 
duction, unremittingly,  till  all  duties  on  imports  should  be  brought 
down  to  one  general  and  equal  per  centage,  and  that  regulated 
by  the  mere  wants  of  the  revenue  ;  or  that  if  different  rates  of 
duty  should  remain  on  different  articles,  still,  that  the  whole 
should  be  laid  for  revenue,  and  revenue  only  j  and  that  they 
would,  to  the  utmost  of  their  power,  push  this  course,  till 
Protection,  by  duties,  as  a  special  object  of  National  policy, 
should  be  abandoned,  altogether,  in  the  National  Councils.  It 
is  a  delusion,  therefore,  sir,  to  imagine  that  the  present  Tariff 
stands,  safely,  on  conceded  ground.  It  covers  not  an  inch,  that 
has  not  been  fought  for,  and  must  not  be  again  fought  for.  It 
stands,  while  its  friends  can  protect  it ;  and  not  an  hour  longer. 

In  the  next  place,  in  that  compend  of  Executive  opinions, 
the  VETO  Message,  the  whole  principle  of  the  protecting  poli- 
cy is  plainly  and  pointedly  denounced. 

Having  gone  through  its  argument  against  the  Bank  Char- 
ter, as  it  now  exists,  and  as  it  has  existed,  either  under  the 
present  or  a  former  law,  for  near  forty  years,  and  having  add- 
ed to  the  well-doubted  logic  of  that  argument  the  still  more 
doubtful  aid  of  a  large  array  of  opprobrious  epithets,  the  Mes- 
sage, in  unveiled  allusion  to  the  protecting  policy  of  the  coun- 
try, holds  this  language  : — 

"  Most  of  the  difficulties  our  Government  now  encounters, 
and  most  of  the  dangers  which  impend  over  our  Union,  have 
sprung  from  an  abandonment  of  the  legitimate  objects  of  Gov- 
ernment by  our  National  legislation,  and  the  adoption  of  such 
principles  as  are  embodied  in  this  act.  Many  of  our  rich  men 
have  not  been  content  with  equal  protection  and  equal  benefits, 
but  have  besought  us  to  make  them  richer  by  act  of  Congress. 
By  attempting  to  gratify  their  desires,  we  have,  in  the  results 
of  our  legislation,  arrayed  section  against  section,  interest 
against  interest,  and  man  against  man,  in  a  fearful  commotion 
which  threatens  to  shake  the  foundations  of  our  Union.  It  is 
time  to  pause  in  our  career,  to  review  our  principles,  and,  if 
possible,  revive  that  devoted  patriotism  and  spirit  of  comprom- 


40 

ise  which  distinguished  the  sages  of  the  revolution,  and  the 
fathers  of  our  Union.  If  we  cannot  at  once,  in  justice  to  inter- 
ests vested  under  improvident  legislation,  make  our  Govern- 
ment what  it  ought  to  be,  we  can  at  least  take  a  stand  against 
all  new  grants  of  monopolies  and  exclusive  privileges,  against 
any  prostitution  of  our  Government  to  the  advancement  of  the 
few  at  the  expense  of  the  many,  and  in  favor  of  compromise 
and  gradual  reform  in  our  code  of  laws  and  system  of  political 
economy." 

Here,  then,  we  have  the  whole  creed.  Our  National  Legis- 
lature has  abandoned  the  legitimate  objects  of  Government.  It 
has  adopted  such  principles  as  are  embodied  in  the  Bank  Char- 
ter, and  these  principles  are  elsewhere  called  objectionable, 
odious,  and  unconstitutional.  And  all  this  has  been  done  because 
rich  men  have  besought  the  Government  to  render  them  richer, 
by  acts  of  Congress.  It  is  time  to  pause  in  our  career.  It  is 
time  to  review  these  principles.  And,  if  we  cannot,  at  once, 
MAKE  OUR  GOVERNMENT  WHAT  IT  OUGHT  TO  BE,  we  can,  at 
least,  take  a  stand  against  new  grants  of  power  and  privilege. 

The  plain  meaning  of  all  this,  is,  that  our  protecting  laws  are 
founded  in  an  abandonment  of  the  legitimate  objects  of  govern- 
ment ;  that  this  is  the  great  source  of  our  difficulties  ;  that  it  is 
time  to  stop  in  our  career,to  review  the  principles  of  these  laws, 
and  as  soon  as  we  can,  MAKE  OUR  GOVERNMENT  WHAT  IT  OUGHT 
TO  BE. 

No  one  can  question,  Mr.  President,  that  these  paragraphs, 
from  the  last  official  publication  of  the  President,  show,  that  in 
his  opinion,  the  Tariff,  as  a  system  designed  for  protection,  is 
not  only  impolitic,  but  unconstitutional  also.  They  are  quite 
incapable  of  any  other  version,  or  interpretation.  They  defy 
all  explanation,  and  all  glosses. 

Sir,  however  we  may  differ  from  the  principles  or  the  policy 
of  the  Administration,  it  would,  nevertheless,  somewhat  satisfy 
our  pride  of  country,  if  we  could  ascribe  to  it  the  character  of 
consistency.  It  would  be  grateful  if  we  could  contemplate  the 
President  of  the  United  States  as  an  identical  idea.  But  even 
this  secondary  pleasure  is  denied  to  us.  In  looking  to  the  pub- 
lished records  of  executive  opinions,  sentiments  favorable  to  pro- 
tection, and  sentiments  against  protection,  either  come  confu- 
sedly before  us,  at  the  same  moment,  or  else  follow  each  other 
in  rapid  succession,  like  the  shadows  of  a  phantasmagoria. 

Having  read  an  extract  from  the  Veto  Message,  containing 
the  statement  of  present  opinions,  allow  me  to  read  another 


extract  from  the  annual  Message  of  1830.  It  will  be  perceiv- 
ed, that  in  that  Message,  both  the  clear  constitutionality  of  the 
Tariff  laws,  and  their  indispensable  policy  are  maintained  in 
the  fullest  and  strongest  manner.  The  argument,  on  the  con- 
stitutional point,  is  stated  with  more  than  common  ability  ;  and 
the  policy  of  the  laws  is  affirmed,  in  terms  importing  the  deep- 
est and  most  settled  conviction.  We  hear  in  this  Message  no- 
thing of  improvident  legislation  ;  nothing  of  the  abandonment  of 
the  legitimate  objects pf  Government ;  nothing  of  the  necessity 
of  pausing  in  our  career,  and  reviewing  our  principles  ;  nothing 
of  the  necessity  of  changing  our  Government,  till  it  shall  be 
made  what  it  ought  to  be. — But  let  the  Message  speak  for  it- 
self. 

"  The  power  to  impose  duties  on  imports  originally  belonged 
to  the  several  States.  The  right  to  adjust  those  duties  with  a 
view  to  the  encouragement  of  domestic  branches  of  industry  is 
so  completely  incidental  to  that  power,  that  it  is  difficult  to 
suppose  the  existence  of  the  one  without  the  other.  The  States 
have  delegated  their  whole  authority  over  imports  to  the  Gene- 
ral Government,  without  limitation  or  restriction,  saving  the 
very  inconsiderable  reservation  relating  to  their  inspection 
laws.  This  authority  having  thus  entirely  passed  from  the 
States,  the  right  to  exercise  it  for  the  purpose  of  protection 
does  not  exist  in  them  ;  and,  consequently,  if  it  be  not  pos- 
sessed by  the  General  Government,  it  must  be  extinct.  Our 
political  system  would  thus  present  the  anomaly  of  a  people 
stripped  of  the  right  to  foster  their  own  industry,  and  to  coun- 
teract the  most  selfish  and  destructive  policy  which  might  be 
adopted  by  foreign  nations.  This  surely  cannot  be  the  case: 
this  indispensable  power,  thus  surrendered  by  the  States,  must 
be  within  the  scope  of  the  authority  on  the  subject  expressly 
delegated  to  Congress. 

"In  this  conclusion,  I  am  confirmed  as  well  by  the  opinions 
of  Presidents  Washington,  Jefferson,  Madison,  and  Monroe, 
who  have  each  repeatedly  recommended  the  exercise  of  this 
right  under  the  Constitution,  as  by  the  uniform  practice  of 
Congress,  the  continued  acquiescence  of  the  States,  and  the 
general  understanding  of  the  people." 

"  I  am  well  aware  that  this  is  a  subject  of  so  much  delicacy, 
on  account  of  the  extended  interests  it  involves,  as  to  require 
that  it  should  bo  touched  with  tho  utmost  caution  ;  and  that, 
while  an  abandonment  of  tho  policy  in  which  it  originated — a 
policy  coeval  with  our  Government,  pursued  through  succes- 
sive administrations,  is  neither  to  be  expected  or  desired,  the 
2 


10 

people  have  a  right  to  demand,  and  have  demanded,  that  it 
be  so  modified  as  to  correct  abuses  and  obviate  injustice." 

Mr.  President, — no  one  needs  to  point  out  inconsistences, 
plain  and  striking  like  these.  The  Message  of  1830  is  a  well 
written  paper ;  it  proceeded,  probably,  from  the  Cabinet  proper. 
Whence  the  Veto  Message  of  1832  proceeded,  I  know  not; 
perhaps  from  the  Cabinet  improper. 

But,  sir,  there  is  an  important  record  of  an  earlier  date  than 
1830.  If,  as  the  President  avers,  we  have  been  guilty  of  im- 
provident legislation,  what  act  of  Congress  is  the  most  striking 
instance  of  that  improvidence  ? — Certainly,  it  is  the  act  of  1824. 
The  principle  of  protection,  repeatedly  recognized  before  that 
time,  was,  by  that  act,  carried  to  a  new  and  great  extent ;  so 
new,  and  so  great,  that  the  act  was  considered  as  the  founda- 
tion of  the  system.  Tint  law  it  was,  which  conferred  on  the 
distinguished  citizen,  whose  nomination  for  President  this  meet- 
ing has  received  with  so  much  enthusiasm,  the  appellation  of 
"Author  of  the  American  System."  Accordingly,  the  act  of 
1824  has  been  the  particular  object  of  attack,  in  all  the  warfare 
waged  against  the  protective  policy.  If  Congress  ever  aban- 
doned legitimate  objects  of  legislation,  in  favor  of  protection,  it 
did  it  by  that  law.  If  any  laws,  now  on  the  statute  book,  or 
which  ever  were  there,  show,  by  their  character,  as  laws  of  pro- 
tection, that  our  Government  is  not  what  it  ought  to  be,  and 
that  it  ought  to  be  altered,  and,  in  the  language  of  the  VETO 
Message,  made  what  it  ought  to  be,  the  law  of  1824  is  the  very 
law,  which  more  than  any,  and  more  than  all  others,  shows 
that.  And  yet,  sir,  the  President  of  the  United  States,  then 
a  Senator  in  Congress,  voted  for  that  law  !  And,  though  I 
have  not  recurred  to  the  journal,  my  recollection  is,  that  as  to 
some  of  its  provisions,  his  support  was  essential  to  their  success. 
It  will  be  found,  I  think,  that  some  of  its  enactments,  and  those 
now  most  loudly  complained  of,  would  have  failed,  but  for  his 
own  personal  support  of  them,  by  his  own  vote. 

After  all  this,  it  might  have  been  hoped,  that  there  would 
be,  in  1832,  some  tolerance  of  opinion  toward  those,  who 
cannot  think,  that  improvidence,  abandonment  of  all  the 
legitimate  objects  of  legislation,  a  desire  to  gratify  the  rich,  who 
have  besought  Congress  to  make  them  still  richer,  and  the 
adoption  of  principles,  unequal,  oppressive,  and  odious,  are 
the  true  characteristics  to  be  ascribed  to  the  system  of  pro- 
tection. 


11 

But,  sir,  it  is  but  a  small  part  of  my  object  to  show  inconsis- 
tences  in  Executive  opinions.  My  main  purpose  is  different, 
and  tends  to  more  practical  ends.  It  is,  to  call  the  attention 
of  the  meeting,  and  of  the  People,  to  the  principles,  avowed  in 
the  late  Message,  as  being  the  President's  present  opinions,  and 
proofs  of  his  present  purposes,  and  to  the  consequences,  if  they 
shall  be  maintained  by  the  country.  These  principles  are 
there  expressed,  in  language  which  needs  no  commentary. 
They  go,  with  a  point  blank  aim,  against  the  fundamental  stone 
of  the  Protecting  System  ;  that  is  to  say,  against  the  constitu- 
tional power  of  Congress  to  establish  and  maintain  it,  in  whole 
or  in  part.  The  question,  therefore,  of  the  Tariff — the  ques- 
tion of  every  Tariff — the  question  between  maintaining  our 
agricultural  and  manufacturing  interests  where  they  now  are, 
and  breaking  up  the  entire  system,  and  erasing  every  vestige  of 
it  from  the  statute  book,  is  a  -question  materially  to  be  affect- 
ed by  the  pending  election. 

The  President  has  exercised  his  NEGATIVE  power,  on  the 
law  for  continuing  the  Bank  Charter.  Here,  too,  he  denies 
both  the  constitutionality  and  the  policy  of  an  existing  law  of 
Congress.  It  is  true,  that  the  law,  or  a  similar  one,  has  been 
in  operation  near  forty  years.  Previous  Presidents  and  pre ; 
vious  Congresses  have,  all  along,  sanctioned  and  upheld  it , 
The  highest  Courts,  and,  indeed,  all  the  Courts,  have  pro- 
nounced it  constitutional.  A  majority  of  the  people,  greater 
than  exists  on  almost  any  other  question,  agrees  with  all  the 
Presidents,  all  the  Congresses,  and  all  the  Courts  of  law.  Yet, 
against  all  this  weight  of  authority,  the  President  puts  forth  his 
own  individual  opinion,  and  has  negatived  the  Bill  for  contin- 
uing the  law.  Which  of  the  members  of  his  administration,  or 
whether  any  one  of  them,  concurs  in  his  sentiments,  we  know  not. 
Some  of  them,  we  know,  have  recently  advanced  precisely  the 
opposite  opinions,  and  in  the  strongest  manner  recommended 
to  Congress  the  continuation  of  the  Bank  Charter.  Having, 
himself,  urgently  and  repeatedly  called  the  attention  of  Con- 
gress to  the  subject,  and  his  Secretary  of  the  Treasury,  who, 
and  all  the  other  Secretaries,  as  the  President's  friends  say, 
are  but  so  many  pens  in  his  hand,  having,  at  the  very  session, 
insisted,  in  his  communication  to  Congress,  both  on  the  con- 
stitutionality and  necessity  of  ihe  Bank,  the  President,  never- 
theless, saw  fit  to  negative  the  Bill,  passed,  as  it  had  been,  by 
strong  majorities  in  both  Houses,  and  passed,  without  doubt  or 


12 

question,  in  compliance  with  the  wishes  of  a  vast  majority  of  the 
American  People. 

The  question  respecting  the  constitutional  power  of  Con- 
gress to  establish  a  Bank,  I  shall  not  here  discuss.  On  that,  as 
well  as  on  the  general  expediency  of  renewing  the  Charter,  rny 
sentiments  have  been  elsewhere  expressed.  They  are  before 
the  public  ;  and  the  experience  of  every  day  confirms  me  in 
their  truth.  All  that  has  been  said  of  the  embarrassment  and 
distress,  which  will  be  felt  from  discontinuing  the  Bank,  falls  far 
short  of  an  adequate  representation.  What  was  prophecy  only 
two  months  ago,  is  already  history. 

ID  this  part  of  the  country,  indeed,  we  experience  this  dis- 
tress and  embarrassment  only  in  a  mitigated  degree.  The 
loans  of  the  Bank  are  not  so  highly  important,  or  at  least  not  so 
absolutely  necessary,  to  the  present  operations  of  our  com- 
merce;  yet  we  ourselves  have  .a  deep  interest  in  the  subject, 
as  it  is  connected  with  the  general  currency  of  the  country,  and 
with  the  cheapness  and  facility  of  exchange. 

The  country,  generally  speaking,  was  well  satisfied  with  the 
Bank.  Why  not  let  it  alone  ?  No  evil  had  been  felt  from  it  in 
thirty-six  years.  Why  conjure  up  a  troop  of  fancied  mischiefs, 
as  a  pretence  to  put  it  down  ?  The  Message  struggles  to  ex- 
cite prejudices,  from  the  circumstance  that  foreigners  are  stock- 
holders, and  on  this  ground  it  raises  a  loud  cry  against  a  mon- 
ied  aristocracy.  Can  any  thing,  sir,  be  conceived,  more  in- 
consistent than  this?  Any  thing  more  remote  from  sound  pol- 
icy, and  good  statesmanship  ?  In  the  United  States,  the  rale 
of  interest  is  high,  compared  with  the  rates  abroad.  In  Hol- 
land and  England,  the  actual  value  of  money  is  no  more  than 
three,  or  perhaps  three  and  a  half,  per  cent.  In  our  Atlantic 
States  it  is  as  high  as  five  or  six,  taking  the  whole  length  of  the 
sea  board  ;  in  the  Northwestern  States,  it  is  eight  or  ten,  and  in 
the  Southwestern  ten  or  twelve.  If  the  introduction,  then,  of 
foreign  capital  be  discountenanced  and  discouraged,  the  Amer- 
ican money  lender  may  fix  his  own  rate,  any  where  from  five 
to  twelve  per  cent,  per  annum.  On  the  other  hand,  if  the  in- 
troduction of  foreign  capital  be  countenanced,  and  encouraged, 
its  effect  is  to  keep  down  the  rate  of  interest,  and  to  bring  the 
value  of  money  in  the  United  States  so  much  the  nearer  to  its 
value  in  older  and  richer  countries.  Every  dollar  brought 
from  abroad,  and  put  into  the  mass  of  active  capital  at  home, 
by  so  much  diminishes  the  rate  of  interest ;  and  by  so  much, 


13 

therefore,  benefits  all  the  active  and  trading  classes  of  society, 
at  the  expense  of  the  American  capitalist.  Yet  the  President's 
invention,  for  such  it  deserves  to  be  called, — that  which  is  to 
secure  us  against  the  possibility  of  being  oppressed  by  a  mon- 
ied  aristocracy  is,  to  shut  the  door  and  bar  it  safely  against  all 
introduction  of  foreign  capital  ! 

Mr.  President, — what  is  it,  that  has  made  England  a  sort  of 
general  banker  for  the  civilized  world  ?  Why  is  it,  that  capital, 
from  all  quarters  of  the  globe,  accumulates  at  the  centre  of  her 
empire,  and  is  thence  again  distributed  ?  Doubtless,  sir,  it  is 
because  she  invites  it,  and  solicits  it.  She  sees  the  advantage 
of  this.  She  manifests  no  weak  or  pretended  jealousy  of  for- 
eign influence  by  reason  of  the  freest  intercourse  with  the  com- 
mercial world  ;  and  no  British  minister  ever  yet  did  a  thing  so 
rash,  so  inconsiderate,  so  startling,  as  to  exhibit  a  groundless 
feeling  of  dissatisfaction  at  the  introduction  or  employment  of 
foreign  capital. 

Sir,  of  all  the  classes  of  society,  the  larger  stockholders  of 
the  Bank  are  among  those  least  likely  to  suffer  from  its  discon- 
tinuance. There  are,  indeed,  on  'the  list  of  stockholders, 
many  charitable  institutions,  many  widows  and  orphans,  holding 
small  amounts.  To  these  and  other  proprietors  of  a  like  char- 
acter, the  breaking  up  of  the  Bank  will,  no  doubt,  be  serious- 
ly inconvenient.  But  the  capitalist,  he  who  has  invested  money 
in  the  Bank,  merely  for  the  sake  of  the  security,  and  the  inter- 
est, has  nothing  to  fear.  The  refusal  to  renew  the  charter 
will,  it  is  true,  diminish  the  value  of  the  stock  ;  but  then,  the 
same  refusal  will  create  a  scarcity  for  money  ;  and  this,  in 
time,  will  reduce  the  price  of  all  other  stocks ;  so  that  the 
stockholders*!!!  the  Bank,  receiving,  on  its  dissolution,  their 
portion  respectively  of  its  capital,  will  have  opportunities  of 
new  and  cheap  investment. 

The  truth  is,  sir,  the  great  loss,  the  sore  embarrassment, 
the  severe  distress,  arising  from  this  VETO,  will  fall  on  the  pub- 
lic, and  especially  on  the  more  active  and  industrious  portion 
of  the  public.  It  will  inevitably  create  a  scarcity  for  money  ; 
in  the  Western  States  it  will  most  materially  depress  the  value 
of  property  ;  it  will  greatly  enhance,  every  where,  the  price  of 
domestic  exchange  ;  it  threatens,  every  where,  fluctuations  of 
the  currency  ;  and  it  drives  all  our  well  settled  and  safe  ope- 
rations of  revenue  and  finance  out  of  their  accustomed  chan- 
nels. And  all  this,  on  the  pretended  ground  of  a  constitutional 


14 

scruple,  which  no  respect  for  the  opinions  of  others,  no  defer- 
ence to  legislative  precedent,  no  decent  regard  to  judicial  de- 
cision, no  homage  to  public  opinion,  expressed  and  maintained 
for  forty  years,  have  power  to  overcome.  An  idle  apprehen- 
sion of  danger  is  set  up  against  the  experience  of  almost  half 
a  century ;  loose  and  flimsy  theories  are  asserted,  against  facts 
of  general  notoriety ;  and  arguments  are  urged  against  contin- 
uing the  charter,  so  superficial  and  frivolous,  and  yet  so  evi- 
dently addressed  to  those  of  the  community  who  have  never 
had  occasion  to  be  conversant  with  subjects  of  this  sort,  that 
an  intelligent  reader,  who  wishes  to  avoid  imputing  obliquity  of 
motive,  is  obliged  to  content  himself  with  ascribing  to  the  ori- 
gin of  the  Message — whatever  and  wherever  that  origin  may 
have  been — no  very  distinguished  share  of  the  endowments  of 
intellect. 

Mr.  President, — as  early  as  December,  1829,  the  President 
called  the  attention  of  Congress  to  the  subject  of  the  Bank,  in 
the  most  earnest  manner.  Look  to  his  annual  message  of  that 
date.  You  will  find  that  he  then  felt  constrained,  by  an  irre- 
sistible sense  of  duty  to  the  various  interests  concerned,  not  to 
delay,  beyond  that  moment,  his  urgent  invitation  to  Congress 
to  take  up  the  subject.  He  brought  forward  the  same  topic 
again,  in  all  his  subsequent  annual  messages ;  yet,  when  Con- 
gress did  act  upon  it,  and  on  the  fourth  of  July,  EIGHTEEN 
HUNDRED  AND  THIRTY-TWO,  did  send  him  a  bill,  he  returned 
it  with  his  objections,  and  among  these  objections  he  not  only 
complained  that  the  Executive  was  not  consulted  on  the  pro- 
priety of  present  action,  but  affirmed  also,  in  so  many  words, 
that  present  action  was  deemed  premature  by  the  Executive 
Department. 

Let  me  ask,  Mr.  President,  if  it  be  possible  that  the  same 
President,  the  same  Chief  Magistrate,  the  same  mind,  could 
have  composed  these  two  Messages  ?  Certainly  they  much 
more  resemble  the  production  of  two  minds,  holding  on  this 
point  precisely  opposite  opinions.  The  Message  of  Decem- 
ber, 1829,  asserts  that  the  time  had  then  come  for  Congress  to 
consider  the  Bank  subject  ;  the  Message  of  1832  declares, 
that,  even  then,  the  action  of  Congress  on  the  same  subject 
was  premature  ;  and  both  these  Messages  were  sent  to  Congress 
by  the  President  of  the  United  States.  Sir,  I  leave  these  two 
messages  to  be  compared,  and  considered,  by  the  people  of  the 
United  States. 


15 

Mr.  President, — I  will  here  lake  notice  of  but  one  other  sug- 
gestion of  the  President,  relative  to  the  time  and  manner  of 
passing  the  late  bill.  A  decent  respect  for  the  Legislature  of 
the  country  has  hitherto  been  observed  by  all  who  have  had 
occasion  to  hold  official  intercourse  with  it,  and  especially  by 
all  other  branches  of  the  Government.  The  purity  of  the  mo- 
tives of  Congress,  in  regard  to  any  measure,  has  never  been 
assailed,  from  any  respectable  quarter.  But  in  the  Veto  Mes- 
sage there  is  one  expression,  which,  as  it  seems  to  me,  no 
American  can  read  without  some  feeling.  There  is  an  expres- 
sion, evidently  not  casual  or  accidental,  but  inserted  with  de- 
sign, and  composed  with  care,  which  does  carry  a  direct  impu- 
tation of  the  possibility  of  the  effect  of  private  interest,  and  pri- 
vate influence,  on  the  deliberations  of  the  two  Houses  of  Con- 
gress. I  quote  the  passage,  and  shall  leave  it  without  a  sin- 
gle remark  :  "  Whatever  interest  or  influence,  whether  public 
or  private,  has  given  birth  to  this  act,  it  cannot  be  found  either 
in  the  wishes  or  necessities  of  the  Executive  Department,  by 
which  present  action  is  deemed  premature." 

Among  the  great  interests  of  the  country,  Mr.  President, 
there  is  one,  which  appears  to  me  not  to  have  attracted,  from 
the  people  of  this  Commonwealth,  a  degree  of  attention,  alto- 
gether equal  to  its  magnitude. 

I  mean  the  Public  Lands.  If  we  run  our  eye  over  the  map 
of  the  country,  and  view  the  regions,  almost  boundless,  which 
now  constitute  the  public  domain,  and  over  which  an  active  pop- 
ulation is  rapidly  spreading  itself,  and  if  we  recollect  the  amount 
of  annual  revenue  derived  from  this  source,  we  shall  hardly 
fail  to  be  convinced  that  few  branches  of  national  interest  are 
of  more  extensive  and  lasting  importance.  So  large  a  territo- 
ry, belonging  to  the  public,  forms  a  subject  of  national  concern 
of  a  very  delicate  nature,  especially  in  popular  governments. 
We  know,  in  the  history  of  other  countries,  with  what  views 
designing  men  have  granted  the  public  lands. 

Either  in  the  forms  of  gifts  and  largesses,  or  in  that  of  reduc- 
tion of  prices,  to  amounts  merely  nominal,  or  as  compensation 
for  services,  real  or  imagined,  the  public  domain,  in  other 
countries,  and  other  times,  has  not  only  been  diverted  from 
its  just  use  and  destination,  but  has  been  the  occasion  also  of 
introducing  into  the  State,  and  into  the  public  councils,  no 
small  portion,  both  of  distraction  and  corruption.  Happily, 
our  own  system  of  administering  this  great  interest  has  hitherto 


16 

been  both  safe  and  successful.  Nothing  under  the  government 
has  been  better  devised  than  our  land  system  ;  and  nothing, 
thus  far,  more  beneficially  conducted.  But  the  time  seems 
to  have  arrived,  in  the  progress  of  our  growth  and  prosperity, 
when  it  has  become  necessary  to  reflect,  not  on  any  new  mode  of 
sale,  for  that  can  hardly  be  improved,  but  on  some  disposition 
of  the  proceeds,  such  as  shall  be  just  and  equal  to  the  whole 
country,  and  shall  insure  also  a  constant  and  vigilant  attention 
to  this  delicate  and  important  subject  from  the  people  of  all 
the-  States.  It  is  not  to  be  denied  or  disguised,  that  senti- 
ments have  recently  sprung  up,  in  some  places,  of  a  very  ex- 
traordinary character,  respecting  the  ownership,  the  just  pro- 
prietary interest,  in  these  lands.  The  lands  are  well  known 
to  have  been  obtained  by  the  United  States,  either  by  grants 
from  individual  States,  or  by  treaties  with  foreign  powers. 
In  both  cases,  and  in  all  cases,  the  grants  and  cessions  were 
to  the  United  States,  for  the  interest  of  the  whole  Union  ;  and 
the  grants  from  individual  States,  contain  express  limitations 
and  conditions,  binding  up  the  whole  property  to  the  com- 
mon use  of  all  the  States  forever.  Yet  of  late  years,  an  idea 
has  been  suggested,  indeed  seriously  advanced,  that  these 
lands,  of  right,  belong  to  the  States  respectively,  in  which 
they  happen  to  lie.  This  doctrine,  sir,  which,  I  perceive, 
strikes  this  assembly  as  being  somewhat  extravagant,  is  found- 
ed on  an  argument  derived  from  the  nature  of  State  sovereign- 
ty. It  has  been  openly  espoused,  by  candidates  for  office,  in 
some  of  the  new  States,  and,  indeed,  has  been  announced  in 
the  Senate.  To  the  credit  of  the  country,  it  should  be  stated, 
that  up  to  the  present  moment  these  notions  have  not  spread 
widely,  and  they  will  be  dispersed,  undoubtedly,  by  the  power 
of  general  opinion,  so  soon  as  that  opinion  shall  be  awakened 
and  expressed.  But  there  is  another  tendency  more  likely, 
perhaps,  to  run  to  injurious  excess ;  and  that  is,  a  constant 
effort  to  reduce  the  price  of  land  to  sums  almost  nominal,  on 
the  ground  of  facilitating  settlement.  The  sound  policy  of 
the  government  has  been,  uniformly,  to  keep  the  prices  of  the 
public  lands  low  ;  so  low,  that  every  actual  settler  might  easily 
obtain  a  farm  ;  but  yet,  not  so  low,  as  to  tempt  individual  capital- 
ists to  buy  up  large  quantities,  to  hold  for  speculation.  The 
object  has  been  to  meet,  at  all  times,  the  whole  actual  de- 
mand, at  a  cheap  rate ;  and  this  object  has  been  obtained. 
And  it  is  obviously  of  the  greatest  importance  to  keep  the 


17 

prices  of  the  public  lands  from  all  influences,  except  the  single 
one  of  supplying  the  whole  actual  demand,  at  a  cheap  rate.  The 
present  minimum  price  is  one  dollar  and  a  quarter  per  acre  ; 
and  millions  of  acres,  much  of  it  of  an  excellent  quality,  are  now 
in  the  market  at  this  rate.  Yet,  every  year,  there  are  pro- 
positions to  reduce  the  price  j  and  propositions  to  graduate 
the  price ;  that  is  to  say,  to  provide  that  all  lands,  having 
been  offered  for  sale,  for  a  certain  length  of  time,  at  the  es- 
tablished rate,  if  not  then  sold,  shall  be  offered  at  a  less  rate ; 
and  again  reduced,  if  not  sold,  to  one  still  less.  I  have  my- 
self thought,  that  in  some  of  the  older  districts,  some  mode 
might  usefully  be  adopted  of  disposing  of  the  remainder  of  the 
unsold  lands,  and  closing  the  offices  :  but  a  universal  system 
of  graduation,  lowering  prices  at  short  intervals,  and  by  large 
degrees,  could  have  no  other  effect  than  a  general  depression 
of  price  in  regard  to  the  whole  mass,  and  would  evidently  be 
great  mismanagement  of  the  public  property.  The  meeting, 
sir,  will  think  it  singular  enough,  that  a  reduction  of  prices  of 
the  public  lands  should  have  been  demanded,  on  the  ground 
that  other  impositions  for  revenue,  such  as  the  duty  on  tea  and 
coffee,  have  been  removed ;  thus  considering  and  treating  the 
sums  received  for  lands  sold,  as  a  tax,  a  burden,  an  imposi- 
tion, and  a  great  drain  on  the  means  and  the  industry  of  the 
new  States.  A  man  goes  from  New-England,  to  one  of  the 
Western  States,  buys  a  hundred  acres  of  the  best  land  in  the 
world  for  one  hundred  and  twenty-five  dollars,  pays  his  money, 
and  receives  an  indisputable  title  ;  and  immediately,  some  one 
stands  up  in  Congress  to  call  this  operation  the  laying  of  a 
tax,  the  imposition  of  a  burden,  and  the  whole  of  these  pur- 
chases and  payments,  taken  together,  are  represented  as  an  in- 
tolerable drain  on  the  money  and  the  industry  of  the  new 
States.  I  know  not,  sir,  which  deserves  to  pass  for  the  origin- 
al, and  which  for  the  copy ;  but  this  reasoning  is  not  unlike 
that,  which  maintains  that  the  trading  community  of  the  West 
will  be  exhausted  and  ruined,  by  the  privilege  of  borrowing 
money  of  the  Bank  of  the  United  States,  at  six  per  rent,  in- 
terest ;  this  interest,  being,  as  is  said  in  the  Veto  Message, 
a  burden  upon  their  industry,  and  a  drain  of  their  currency, 
which  no  country  can  bear,  without  inconvenience,  and  dis- 
tress. 

It  was  in  a  forced  connexion  with  the  reduction  of  duties  of 
impost,  that  the  subject  of  the  public  lands  was  referred  to  the 
o 


18 

Committee  of  Manufactures  in  the  Senate,  at  the  late  session 
of  Congress.  This  was  a  legislative  movement,  calculated  to 
throw  on  Mr.  Clay,  who  was  taking  a  leading  part  on  the  sub- 
ject of  the  Tariff,  and  the  reduction  of  duties,  a  new  and  deli- 
cate responsibility.  From  this  responsibility,  however,  Mr. 
Clay  did  not  shrink.  He  took  up  the  subject,  and  his 
report  upon  it,  and  his  speech  delivered  afterwards,  in  defence 
of  the  Report,  are,  in  my  opinion,  among  the  very  ablest  of 
the  efforts  which  have  distinguished  his  long  public  life.  I 
desire  to  commend  their  perusal  to  every  citizen  of  Massachu- 
setts. They  will  shew  him  the  deep  interest  of  all  the  States, 
his  own  among  the  rest,  in  the  security,  and  proper  manage- 
ment and  disposal  of  the  public  domain.  Founded  on  the 
Report  of  the  Committee,  Mr.  Clay  introduced  a  Bill,  provi- 
ding for  the  distribution,  among  all  the  States,  according  to 
numbers,  of  the  proceeds  of  the  sales  of  the  public  lands,  for 
five  years ;  first  making  a  deduction  of  a  considerable  per  cent- 
age  in  favor  of  the  new  States;  the  sums  thus  received  by  the 
States  to  be  disposed  of  by  themselves,  in  favor  of  Education, 
Internal  Improvement,  or  Colonization,  as  each  State  might 
choose  for  itself.  This  Bill  passed  the  Senate.  It  was  vigorous- 
ly opposed  in  the  House  of  Representatives,  by  the  main  body  of 
the  friends  of  the  Administration,  and  finally  lost  by  a  small  ma- 
jority. By  the  provisions  of  the  Bill,  Massachusetts  would  have 
received,  as  her  dividend,  one  hundred  and  thirty-seven  thousand 
dollars  a  year. 

1  am  free  to  confess,  sir,  that  I  had  hoped  to  see  some  un- 
objectionable way  of  disposing  of  this  subject,  with  the  observ- 
ance of  justice  tow'ards  all  the  States,  by  the  Government  of 
the  United  States  itself,  without  a  distribution,  through  the 
intervention  of  the  State  Governments.  Such  way,  however, 
I  have  not  discovered.  I  therefore  voted  for  the  bill  of  the 
last  session. 

Mr.  President, — let  me  remind  the  meeting  of  the  great  extent 
of  this  public  property. 

Only  twenty  millions  of  acres  have  been,  as  yet,  sold,  from 
the  commencement  of  the  Government.  One  hundred  and 
twenty  millions,  or  about  that  quantity, are  now  cleared  from  the 
Indian  title,  all  surveyed  into  townships,  ranges,  and  sections, 
and  now  in  the  market  for  sale.  I  think,  sir,  the  whole  sur- 
face of  Massachusetts  embraces  about  six  millions  of  acres  ;  so 
that  the  United  States  have  a  body  of  land,  now  surveyed,  and 


19 

in  market,  equal  to  twenty  States,  each  of  the  size  of  Massachu- 
setts. But  this  is  but  a  very  small  portion  of  the  whole  do- 
main j  much  the  greater  part  being  yet  unsurveyed,  and  much, 
too,  subject  to  the  original  Indian  title.  The  income  to  the  reve- 
nue from  the  sales  of  land  is  estimated  at  three  millions  of 
dollars  a  year.  The  meeting  will  thus  see,  sir,  how  important 
a  subject  this  is,  and  how  highly  it  becomes  the  country  to 
guard  this  vast  property  against  perversion,  and  bad  manage- 
ment. 

Mr.  President, — among  the  Bills  which  failed,  at  the  last 
session,  for  want  of  the  President's  approval,  was  one,  in 
which  this  State  had  a  great  pecuniary  interest.  It  was  the 
bill  for  the  payment  of  interest  to  the  States,  on  the  funds  ad- 
vanced by  them  during  the  war,  the  principal  of  which  had 
been  paid,  or  assumed,  by  the  Government  of  the  United 
States.  Some  sessions  ago,  a  Bill  was  introduced  into  the 
Senate,  by  my  worthy  colleague,  and  passed  into  a  law,  for  pay- 
ing a  large  part  of  the  principal  sum,  advanced  by  Massachu- 
setts, for  militia  expenses,  for  defence  of  the  country.  This  has 
been  paid.  The  residue  of  the  claim  is  in  the  proper  course 
of  examination,  and  such  parts  of  it  as  ought  to  be  allowed  will 
doubtless  be  paid  hereafter,  Vetoa  out  of  the  way,  be  it  al- 
ways understood.  In  the  late  Bill  it  was  proposed  that  interest 
should  be  paid  to  the  States,  on  these  advances,  in  cases  where 
it  had  not  been  already  paid.  It  passed  both  Houses.  I 
recollect  no  opposition  to  it  in  the  Senate,  nor  do  I  remember 
to  have  heard  of  any  considerable  objection  in  the  House  of 
Representatives.  The  argument  for  it  lay  in  its  own  obvious 
justice  ;  a  justice  too  apparent,  as  it  seems  to  me,  to  be  denied 
by  any  one.  I  left  Congress,  sir,  a  day  or  two  before  its 
adjournment,  and  meeting  some  friends,  in  this  village,  on  my 
way  home,  we  exchanged  congratulations  on  this  additional 
act  of  justice,  thus  rendered  to  Massachusetts,  as  well  as  other 
States.  But  1  had  hardly  reached  Framingham,  before  I 
learned  that  our  congratulations  were  premature.  The  Presi- 
dent's signature  had  been  refused,  and  the  Bill  was  not  a  law  ! 
The  only  reason  which  I  have  ever  heard  for  this  refusal,  is,  that 
Congress  had  not  been  in  the  practice  of  allowing  interest  on 
claims.  This  was  not  true,  as  a  universal  rule ;  but  if  it  were, 
might  not  Congress  be  trusted  with  the  maintenance  of  its  own 
rules?  Might  it  not  make  exceptions  to  then),  for  good  cause? 
No  doubt,  in  regard  to  old  and  long  neglected  claims,  it  has 


20 

been  customary  not  to  allow  interest ;  but  the  Massachusetts 
claim  was  not  of  this  character,  nor  the  claims  of  other  States. 
None  of  them  had  remained  unpaid,  for  want  of  presentment. 
The  Executive  and  Legislature  of  this  Commonwealth  had 
never  omitted  to  press  her  demand  for  justice,  and  her  Dele- 
gates in  Congress  have  endeavored  to  discharge  their  duty 
by  supporting  that  demand.  It  has  been  already  decided, 
in  repeated  instances,  as  well  in  regard  to  States  as  to  individu- 
als, that  when  money  has  been  actually  borrowed,  for  objects 
for  which  the  General  Government  ought  to  provide,  interest 
paid  on  such  borrowed  money,  shall  be  refunded  by  the  United 
States.  Now,  Sir,  would  it  not  be  a  distinction  without  a 
difference  to  allow  interest  in  such  a  case,  and  yet  refuse  it  in 
another,  in  which  the  State  had  not  borrowed  the  money,  and 
paid  interest  for  it,  but  had  raised  it  by  taxation,  or,  as  I  be- 
lieve was  the  case  with  Massachusetts,  by  the  sale  of  valuable 
stocks,  bearing  interest  ?  Is  it  not  apparent,  that  in  her  case, 
as  clearly  as  in  that  of  a  borrowing  State,  she  has  actually  lost 
the  interest  ?  Can  any  man  maintain  that,  between  these  two 
cases,  there  is  any  sound  distinction,  in  law,  in  equity,  or  in  mor- 
als? The  refusal  to  sign  this  bill  has  deprived  Massachusetts 
and  Maine  of  a  very  large  sum  of  money,  justly  due  to  them.  It 
is  now  fifteen  or  sixteen  years  since  the  money  was  advanced,  and 
it  was  advanced  for  the  most  necessary  and  praiseworthy  public 
purposes.  The  interest  on  the  sum  aleady  refunded,  and  on  that 
which  may  reasonably  be  expected  to  be  hereafter  refunded,  is  not 
less  lhanjive  hundred  thousand  dollars.  But  for  the  President's 
refusal,  in  this  unusual  mode,  to  give  his  approbation  to  a  bill 
which  had  passed  Congress  almost  unanimously,  these  two 
States  would  already  have  been  in  the  receipt  of  a  very  con- 
siderable portion  of  this  money  ;  and  made  sure  of  the  residue 
in  due  season. 

Mr.  President, — I  do  not  desire  to  raise  mere  pecuniary  in- 
terests to  an  undue  importance,  in  political  matters.  I  admit, 
there  are  principles  and  objects  of  paramount  obligation  and 
importance.  I  would  not  oppose  the  President,  merely  because 
he  has  refused  to  the  State  what  I  thought  her  entitled  to.  in  a 
matter  of  money,  provided  he  had  made  known  his  reasons, 
and  they  had  appeared  to  be  such  as  might  fairly  influence  an 
intelligent  and  honest  mind.  But  where  a  State  has  so  direct 
and  so  heavy  an  interest,  where  the  justice  of  the  case  is  so 
plain,  that  men  agree  in  it  who  agree  in  hardly  any  thing  else, 


21 

where  her  claim  has  passed  Congress,  without  considerable 
opposition  in  either  House,  a  refusal  to  approve  the  bill  without 
giving  the  slightest  reason, — the  taking  advantage  of  the 
rising  of  Congress  to  give  it  a  silent  go-by,  is  an  act  that  may 
well  awaken  the  attention  of  the  People  in  the  States  con- 
cerned. It  is  an  act,  calling  for  close  examination.  It 
is  an  act,  which  calls  loudly  for  justification  by  its  author. 
And  now,  sir,  I  will  close  what  I  have  to  say  on  this  particular 
subject  by  stating,  that  on  the  22d  of  March,  1832,  the  Presi- 
dent did  actually  approve  and  sign  a  bill,  in  favor  of  South- 
Carolina,  by  which  it  was  enacted  that  her  claim  for  interest 
upon  money  actually  expended  by  her  for  military  stores,  during 
the  late  war,  should  be  settled  and  paid ;  the  money  so  expended 
having  been  drawn  by  the  State  from  a  fund  upon  which  she 
was  receiving  interest.  Now  this,  sir,  was  precisely  the  case 
of  Massachusetts. 

Mr.  President, — I  now  approach  an  inquiry  of  a  far  more 
deep  and  affecting  interest.  Are  the  principles  and  measures 
of  the  Administration  dangerous  to  the  Constitution,  and  to  the 
Union  of  the  States?  Sir,  I  believe  them  to  be  so;  and  I  shall 
state  the  grounds  of  that  belief. 

In  the  first  place,  any  Administration  is  dangerous  to  the 
Constitution,  and  to  the  Union  of  the  States,  which  denies  the 
essential  powers  of  the  Constitution,  and  thus  strips  it  of  the 
capacity  to  do  the  good  intended  by  it. 

The  principles  embraced  by  the  Administration,  and  ex- 
pressed in  the  VETO  Message,  are  evidently  hostile  to  the 
whole  system  of  protection,  by  duties  of  impost,  on  constitu- 
tional grounds.  Here,  then,  is  one  great  power  struck  at  once 
out  of  the  Constitution;  and  one  great  end  of  its  adoption  de- 
feated. And  while  this  power  is  thus  struck  out  of  the  Con- 
stitution, it  is  clear  that  it  exists  no  where  else ;  since  the 
Constitution  expressly  takes  it  away  from  all  the  States. 

The  Veto  Message  denies  the  constitutional  power  of  cre- 
ating or  continuing  such  an  Institution  as  our  whole  experience 
has  approved,  for  maintaining  a  sound,  uniform,  national  cur- 
rency, and  for  the  safe  collection  of  revenue.  Here  is  another 
jxjwer,  long  used,  but  now  lopped  off.  And  this  power,  too, 
thus  lopped  off  from  the  Constitution,  is  evidently  not  within 
the  power  of  any  of  the  individual  States.  No  State  can 
maintain  a  national  currency ;  no  State  Institution  can  render 
to  the  revenue  the  services  performed  by  a  ^National  Institution. 


22 

The  principles  of  the  Administration  are  hostile  to  Internal 
Improvements.  Here  is  another  power,  heretofore  exercised 
in  many  instances,  now  denied.  The  Administration  denies  the 
power,  except  with  qualifications,  which  cast  an  air  of  ridicule 
over  the  whole  subject ;  being  founded  on  such  distinctions  as 
between  .salt  water  and  fresh  water,  places  above  Custom 
Houses  and  places  below ;  and  others  equally  extraordinary. 

Now,  sir,  in  all  these  respects,  as  well  as  in  others,  I  think 
the  principles  of  the  Administration  are  at  war  with  the  true 
principles  of  the  Constitution ;  and  that  by  the  zeal  and  indus- 
try which  it  exerts  lo  support  its  own  principles,  it  does  daily 
weaken  the  Constitution,  and  does  put  in  doubt  its  long  con- 
tinuance. The  inroad  of  to-day  opens  the  way  for  an  easier 
inroad  to-morrow.  When  any  one  essential  part  is  rent  away, 
or,  what  is  nearer  the  truth,  when  many  essential  parts  are  rent 
away,  who  is  there  to  tell  us  how  long  any  other  part  is  to  re- 
main? 

'Sir,  our  condition  is  singularly  paradoxical.  We  have  an 
Administration  opposed  to  the  Constitution  ;  we  have  an  Oppo- 
sition which  is  the  main  support  of  the  Government  and  the 
laws.  We  have  an  Administration  which  denies,  to  the  very 
Government  which  it  administers,  powers  which  it  has  exercised 
for  forty  years  ;  it  denies  the  protecting  power,  the  bank  power, 
and  the  power  of  internal  improvement.  The  great  and  leading 
measures  of  the  national  legislature  are  all  resisted  by  it.  These, 
strange  as  it  may  seem,  depend  on  the  Opposition  for  support.  We 
have  in  truth,  an  Opposition  without  which  it  would  be  difficult  for 
the  Government  to  get  along  at  all.  I  appeal  to  every  member 
of  Congress  present  (and  I  am  happy  to  see  many  here)  to  say, 
what  would  now  become  of  the  Government,  if  all  the  members 
of  the  Opposition  were  withdrawn  from  Congress.  For  myself, 
I  declare  my  own  conviction  that  its  continuance  might  proba- 
bly be  very  short.  Take  away  the  Opposition  from  Congress, 
and  let  us  see  what  would  probably  be  done  the  first  session. 
The  TARIFF  would  be  entirely  repealed.  Every  enactment 
having  protection  by  duties  as  its  main  object  would  be  struck 
from  the  statute  book.  Every  work  of  internal  improvement 
would  be  stopped.  This  would  follow,  as  matter  of  course. 
The  bank  would  go  clown,  and  a  treasury  money  agency  would 
take  its  place.  The  Judiciary  act  of  1789  would  be  repealed, 
so  that  the  Supreme  Court  should  exercise  no  power  of  re- 
vision over  State  decisions.  And  who  would  resist  the  doc- 


23 

trines  of  NULLIFICATION? — Look,  sir,  to  the  votes  of  Congress 
for  the  last  three  years,  and  you  will  see  that  each  of  these 
things  would,  in  all  human  probability,  take  place  at  the  next 
session,  if  the  Opposition  were  to  be  withdrawn.  The  Consti- 
tution is  threatened,  therefore — imminently  threatened,  by  the 
very  fact  that  those  are  entrusted  with  its  administration  who 
are  hostile  to  its  essential  powers. 

But,  sir,  in  my  opinion,  a  yet  greater  danger  threatens  the 
Constitution  and  the  Government ;  and  that  is  from  the  attempt 
to  extend  the  power  of  the  Executive  at  the  expense  of  all  the 
other  branches  of  the  Government,  and  of  the  people  themselves. 
Whatever  accustomed  power  is  denied  to  the  Constitution,  what- 
ever accustomed  power  is  denied  to  Congress,  or  to  the  Judi- 
ciary, none  is  denied  to  the  Executive.  Here,  there  is  no 
retrenchment ;  here  no  apprehension  is  felt  for  the  liberties  of 
the  people ;  here,  it  is  not  thought  necessary  to  erect  barriers 
against  corruption. 

1  begin,  sir,  with  the  subject  of  removals  from  office  Tor 
opinion's  sake, — as  I  think,  one  of  the  most  signal  instances  of 
the  attempt  to  extend  executive  power.  This  has  been  a 
leading  measure,  a  cardinal  point,  in  the  course  of  the  Adminis- 
tration. It  has  proceeded,  from  the  first,  on  a  settled  system 
of  proscription  for  political  opinions  ;  and  this  system  it  has 
carried  into  operation  to  the  full  extent  of  its  ability.  The  Presi- 
dent has  not  only  filled  all  vacancies  with  his  own  friends,  gener- 
ally those  most  distinguished  as  personal  partizans,  but  he  has 
turned  out  political  opponents,  and  thus  created  vacancies,  in 
order  that  he  might  fill  them  with  his  own  friends.  I  think  the 
number  of  removals  and  appointments  is  said  to  be  two  thou- 
sand. While  the  Administration  and  its  friends  have  been 
attempting  to  circumscribe,  and  to  decry,  the  powers  belonging 
to  other  branches,  it  has  thus  seized  into  its  own  hands  a  pat- 
ronage most  pernicious  and  corrupting,  an  authority  over  men's 
means  of  living  most  tyrannical  and  odious,  and  a  power  to 
punish  free  men  for  political  opinions  altogether  intolerable. 

You  will  remember,  sir,  that  the  Constitution  says  not  one 
word  about  the  President's  power  of  removal  from  office.  It 
is  a  power,  raised  entirely  by  construction.  It  is  a  constructive 
power,  introduced,  at  first,  to  meet  cases  of  extreme  public 
necessity.  It  has  now  become  co-extensive  with  the  Execu- 
tive will,  calling  for  no  necessity,  requiring  no  exigency,  for  its 
exercise  ;  but  to  be  exercised  at  all  times  without  control, 


24 

without  question,  without  responsibility.  When  the  question 
of  the  President's  power  of  removal  was  debated  in  the  first 
Congress,  those  who  argued  for  it,  limited  it  to  extreme  cases. 
Cases,  they  said,  might  arise,  in  which  it  would  be  absolutely 
necessary  to  remove  an  officer,  before  the  Senate  could  be 
assembled.  An  officer  might  become  insane  ;  he  might  ab- 
scond ;  and  from  these,  and  other  supposable  cases,  it  was  said, 
the  public  service  might  materially  suffer,  if  the  President 
could  not  remove  the  incumbent.  And  it  was  further  said, 
that  there  was  little  or  no  danger  of  the  power's  being  abused, 
for  party  or  personal  objects.  No  President,  it  was  thought, 
would  ever  commit  such  an  outrage  ou  public  opinion.  Mr. 
Madison,  who  thought  the  power  ought  to  exist,  and  to  be  ex- 
ercised in  cases  of  high  necessity,  declared,  nevertheless,  that 
if  a  President  should  exercise  the  power  when  not  called  for 
by  any  public  exigency,  and  merely  for  personal  objects,  he  would 
deserve  to  be  impeached.  By  a  very  small  majority.  I  think  in 
the  Senate  by  the  casting  vote  of  the  Vice  President,  Congress 
decided  in  favor  of  the  existing  power,  upon  the  grounds  which 
I  have  mentioned  ;  granting  the  power,  in  a  case  of  clear  a*nd 
absolute  necessity,  and  denying  its  existence  every  where 
else. 

Mr.  President, — we  should  recollect  that  this  question  was 
discussed,  and  thus  decided,  when  Washington  was  in  the 
Executive  Chair.  Men  knew,  that,  in  his  hands,  the  power 
would  not  be  abused ;  nor  did  they  conceive  it  possible  that 
any  of  his  successors  could  so  far  depart  from  his  great  and 
bright  example,  as,  by  abuse  of  the  power,  and  by  carry- 
ing that  abuse  to  its  utmost  extent,  to  change  the  essential 
character  of  the  Executivefrom  that  of  an  impartial  guardian 
and  executor  of  the  laws,  inio  that  of  the  chief  dispenser  of 
party  rewards.  Three  or  four  instances  of  removal  occurred, 
in  the  first  twelve  years  of  the  Government.  At  the  com- 
mencement of  Mr.  Jefferson's  administration,  ho  made  several 
others,  not  without  producing  much  dissatisfaction  ;  so  much 
so,  that  he  thought  it  expedient  to  give  reasons  to  the  people, 
in  a  public  paper,  for  even  the  limited  extent  to  which  he  had 
exercised  the  power.  He  placed  his  justification  on  partic- 
ular circumstances,  and  peculiar  grounds;  which,  whether 
substantial  or  not,  showed,  at  least,  that  he  did  not  regard  the 
power  of  removal  an  ordinary  power,  still  less  a  mere  arbitrary 
one,  to  be  used  as  he  pleased,  for  whatever  ends  he  pleased, 


25 

and  without  responsibility.  As  far  as  I  remember,  sir,  after 
the  early  part  of  Mr.  Jefferson's  administration,  hardly  an  in- 
stance occurred  for  near  thirty  years.  If  there  were  any 
instances,  they  were  few.  But  at  the  commencement  of  the 
present  Administration  the  precedent  of  these  previous  cases 
was  seized  on,  and  a  system,  a  regular  plan  of  Government,  a 
well-considered  scheme  for  the  maintenance  of  party  power, 
by  the  patronage  of  office,  and  this  patronage  to  be  created  by 
general  removal,  was  adopted,  and  has  been  carried  into  full 
operation.  Indeed,  before  Gen.  Jackson's  inauguration,  the 
party  put  the  system  into  practice.  In  the  last  session  of 
Mr.  Adams's  administration,  the  friends  of  Gen.  Jackson  con- 
stituted a  majority  in  the  Senate;  and  nominations,  made  by 
him  to  fill  vacancies,  which  had  occurred  in  the  ordinary  way, 
were  postponed,  by  this  majority,  beyond  the  third  of  March, 
for  the  purpose,  openly  avowed,  of  giving  the  nomination  to 
Gen.  Jackson.  A  nomination  for  a  Judge  of  the  Supreme 
Court,  and  many  others  of  less  magnitude,  were  thus  disposed 
of. 

And  what  did  we  witness,  sir,  when  the  Administration  actu- 
ally commenced,  in  the  full  exercise  of  its  authority  ?  One 
universal  sweep,  one  undistinguishing  blow,  levelled  against  all, 
who  were  not  of  the  successful  party.  No  worth,  public  or 
private,  no  service,  civil  or  military,  was  of  power  to  resist  the 
relentless  greediness  of  proscription.  Soldiers  of  the  late  war, 
soldiers  of  the  Revolutionary  war,  the  very  contemporaries  of 
the  liberties  of  the  country,  all  lost  their  situations.  No  office 
was  too  high,  and  none  too  low  ;  for  office  was  the  spoil, — and 
all  the  spoils,  it  is  said,  belong  to  the  victors !  If  a  man, 
holding  an  office,  necessary  for  his  daily  support,  had  pre- 
sented himself  covered  with  the  scars  of  wounds  received 
in  every  battle,  from  Bunker  Hill  to  York  Town,  these  would 
not  have  protected  him  against  this  reckless  rapacity. 
Nay,  sir,  if  WARREN  himself  had  been  among  the  living, 
and'  had  possessed  any  office  under  Government,  high  or 
low,  he  would  not  have  been  suffered  to  hold  it  a  single 
hour,  unless  he  could  show  that  he  had  strictly  complied  with 
the  party  statutes,  and  had  put  a  well-marked  party  collar  round 
his  own  neck.  Look,  sir,  to  the  case  of  the  late  venerable 
Major  MELVILL.  He  was  a  spirit  of  1776,  one  of  the  very 
first  to  venture  in  the  cause  of  Liberty.  He  was  of  the  Tea 
party  ;  one  of  the  very  first  to  expose  himself  to  British  power. 
4s 


26 

And  his  whole  life  was  consonant  with  this,  its  beginning. 
Always  ardent  in  the  cause  of  Liberty,  always  a  zealous  friend 
to  his  country,  always  acting  with  the  party  which  he  supposed 
cherished  the  genuine  Republican  Spirit  most  fervently,  al- 
ways estimable  and  respectable  in  private  life,  he  seemed 
armed  against  this  miserable  petty  tyranny  of  party,  as  far 
as  man  could  be.  But  he  felt  its  blow,  and  he  fell.  He 
held  an  office  in  the  Custom  House,  and  had  holden  it  for  a 
long  course  of  years ;  and  he  was  deprived  of  it,  as  if  un- 
worthy to  serve  the  country  which  he  loved,  and  for  whose 
liberties,  in  the  vigor  of  his  early  manhood,  he  had  thrust  him- 
self into  the  very  jaws  of  its  enemies.  There  was  no  mistake 
in  the  matter.  His  character,  his  standing,  his  Revolutionary 
services,  were  all  well  known  ;  but  they  were  known  to  no 
purpose.  They  weighed  not  one  feather  against  party  pre- 
tensions. It  cost  no  pains  to  remove  him  ;  it  cost  no  compunc- 
tion to  wring  his  aged  heart  with  this  retribution  from  his  coun- 
try for  his  services,  his  zeal,  and  his  fidelity.  Sir,  you  will 
bear  witness,  that  when  his  successor  was  nominated  to  the 
Senate,  and  the  Senate  was  told  who  it  was  that  had  been  re- 
moved to  make  way  for  that  nomination,  members  were  struck 
with  horror.  They  had  not  conceived  the  Administration  to 
be  capable  of  such  a  thing  ;  and  yet,  they  said,  what  can  we 
do  ?  The  man  is  removed ; — we  cannot  recall  him  we  can 
only  act  upon  the  nomination  before  us !  Sir,  you  and  I  thought 
otherwise ;  and  I  rejoice  that  we  did  think  otherwise.  We 
thought  it  our  duty  to  resist  the  nomination,  to  a  vacancy  thus 
created.  We  thought  it  our  duty  to  oppose  this  proscription 
when,  and  where,  and  as,  we  constitutionally  could.  We  be- 
sought the  Senate  to  go  with  us,  and  to  take  a  stand  before  the 
country  on  this  great  question.  We  invoked  them  to  try  the 
deliberate  sense  of  the  people ;  to  trust  themselves  before  the 
tribunal  of  public  opinion ;  to  resist  at  first,  to  resist  at  last, 
to  resist  always,  the  introduction  of  this  unsocial,  this  mis- 
chievous, this  dangerous,  this  belligerent  principle,  into  the 
practice  of  the  Government. 

Mr.  President, — as  far  as  I  know,  there  is  no  civilized  coun- 
try on  earth,  in  which,  on  a  change  of  rulers,  there  is  such  an 
inquisition  for  spoil,  as  we  have  witnessed  in  this  free  Repub- 
lic. The  Inaugural  Address  of  1829  spoke  of  a  searching 
operation  of  government.  The  most  searching  operation,  sir, 
of  the  present  Administration  has  been  its  search  for  office  and 


27 

place.  Whenever,  sir,  did  any  English  Minister,  whig  or 
lory,  take  such  an  inquest  ?  When  did  he  ever  go  down  to 
low-water  mark,  to  make  an  ousting  of  tide-waiters?  When 
did  he  ever  take  away  the  daily  bread  of  weighers,  and  gaug- 
ers,  and  measurers?  Or  when  did  he  go  into  the  villages,  to 
disturb  the  little  post-offices,  the  mail  contracts,  and  any  thing 
else,  in  the  remotest  degree  connected  with  Government?  Sir, 
a  British  Minister,  who  should  do  this,  and  should  afterwards 
show  his  head  in  a  British  House  of  Commons,  would  be  re- 
ceived by  an  universal  hiss. 

I  have  little  to  say,  of  the  selections  made  to  fill  vacancies, 
thus  created.  It  is  true,  however,  and  it  is  a  natural  con- 
sequence of  the  system  which  has  been  acted  on,  that  within 
the  last  three  years,  more  nominations  have  been  rejected, 
on  the  ground  of  unfitness,  than  in  all  the  preceding  forty  years 
of  the  government.  And  these  nominations,  you  know,  sir, 
could  not  have  been  rejected,  but  by  votes  of  the  Presi- 
dent's own  friends.  The  causes  were  too  strong  to  be  resist- 
ed. Even  party  attachment  could  not  stand  them.  In  some, 
not  a  third  of  the  Senate,  in  others  not  ten  votes,  and  in  others 
not  a  single  vote,  could  be  obtained ;  and  this,  for  no  particu- 
lar reason  known  only  to  the  Senate ;  but  on  general  grounds 
of  the  want  of  character  and  qualifications ;  on  grounds,  known 
to  every  body  else,  as  well  as  to  the  Senate.  All  this,  sir,  is 
perfectly  natural  and  consistent.  The  same  party  selfishness 
which  drives  good  men  out  of  office  will  push  bad  men  in. 
Political  proscription  leads  necessarily  to  the  filling  of  offices 
with  incompetent  persons,  and  to  a  consequent  mal-execution 
of  official  duties.  In  my  opinion,  sir,  it  will  effectually  change 
the  character  of  our  Government,  this  acting  upon  the  avowed 
principle  of  claiming  office  by  right  of  conquest,  unless  the 
public  shall  rebuke  and  restrain  it.  It  elevates  party  above 
country;  it  forgets  the  common  weal,  in  the  pursuit  of  personal 
emolument ;  it  tends  to  form,  it  does  form,  we  see  that  it  has 
formed,  political  combinations,  held  together  by  no  common 
principles  or  opinions  among  its  members,  either  upon  tho 
powers  of  the  Government,  or  the  true  policy  of  the  coun- 
try; but  held  together  simply  as  an  association,  under  the 
charm  of  a  popular  head,  seeking  to  maintain  possession  of  the 
Government  by  a  vigorous  exercise  of  its  patronage ;  and  for 
this  purpose  agitating,  and  alarming,  and  distressing  social  life 
by  the  exercise  of  a  tyrannical  party  proscription.  Sir,  if  this 


28 

course  of  things  cannot  be  checked,  good  men  will  grow  tired 
of  the  exercise  of  political  privileges.  They  will  have  nothing 
to  do  with  popular  elections.  They  will  see  that  such  elec- 
tions are  but  a  mere  selfish  contest  for  office ;  and  they  will 
abandon  the  Government  to  the  scramble  of  the  bold,  the  daring, 
and  the  desperate. 

It  seems,  Mr..  President,  to  be  a  peculiar  and  singular  char- 
acteristic of  the  present  Administration,  that  it  came  into  power 
on  a  cry  against  abuses,  which  did  not  exist,  and  then,  as  soon 
as  it  was  in,  as  if  in  mockery  of  the  perception  and  intelligence 
of  the  People,  it  created  those  very  abuses,  and  carried  them 
to  a  great  length.  Thus  the  Chief  Magistrate  himself,  before 
he  came  into  the  chair,  in  a  formal  public  paper,  denounced 
the  practice  of  appointing  members  of  Congress  to  office.  He 
said,  that  if  that  practice  continued,  corruption  would  become 
the  order  of  the  day;  and  as  if  to  fasten,  and  nail  down  his 
own  consistency  to  that  point,  he  declared  that  it  was  "  due 
to  himself  to  practise  what  he  recommended  to  others."  Yet, 
sir,  as  soon  as  he  was  in  power,  these  fastenings  gave  way, 
the  nails  all  flew,  and  the  promised  consistency  remains,  a 
striking  proof  of  the  manner  in  which  political  assurances  are 
sometimes  fulfilled.  For,  sir,  he  has  already  appointed  more 
members  of  Congress  to  office  than  any  of  his  predecessors, 
in  the  longest  period  of  administration.  Before  his  time,  there 
was  no  reason  to  complain  of  these  appointments.  They  had 
not  been  numerous,  under  any  Administration.  Under  this, 
they  have  been  numerous,  and  some  of  them  such  as  may  well 
justify  complaint. 

Another  striking  instance  of  the  exhibition  of  the  same  char- 
acteristics, may  be  found  in  the  sentiments  of  the  Inaugural 
Address,  and  in  the  subsequent  practice,  on  the  subject  of  in- 
terfering with  the  freedom  of  elections.  The  Inaugural  Ad- 
dress declares,  that  it  is  necessary  to  reform  abuses  which  have 
brought  the  patronage  of  the  Government  into  conflict  with  the 
freedom  of  elections.  And  what  has  been  the  subsequent  prac- 
tice ?  Look  to  the  newspapers ; — look  to  the  published  letters 
of  officers  of  the  Government,  advising,  exhorting,  soliciting 
friends  and  partizans  to  greater  exertions,  in  the  cause  of  the 
Party ; — see  all  done,  every  where,  which  patronage  and  power 
can  do,  to  affect  not  only  elections  in  the  General  Government, 
but  also  in  every  State  Government — and  then  say,  how  well 
this  promise  of  reforming  abuses  has  been  kept.  At  what 


29 

former  period,  under  what  former  Administration,  did  public 
officers  of  the  United  States  thus  interfere  in  elections  ?  Cer- 
tainly, sir,  never.  In  this  respect,  then,  as  well  as  in  others, 
that  which  was  not  true,  as  a  charge  against  previous  Adminis- 
trations, would  have  been  true,  if  it  had  assumed  the  form  of 
a  prophecy,  respecting  the  acts  of  the  present. 

But  there  is  another  attempt  to  grasp,  and  to  wield,  a  power 
over  public  opinion,  of  a  still  more  daring  character,  and  far 
more  dangerous  effects. 

In  all  popular  governments,  a  FREE  PRESS  is  the  most 
important  of  all  agents  and  instruments.  It  not  only  expresses 
public  opinion,  but,  to  a  very  great  degree,  it  contributes  to 
form  that  opinion.  It  is  an  engine,  for  good  or  for  evil,  as  it 
may  be  directed ;  but  an  engine,  of  which  nothing  can  resist 
the  force.  The  conductors  of  the  press,  in  popular  govern- 
ments, occupy  a  place,  in  the  social  and  political  system,  of 
the  very  highest  consequences.  They  wear  the  character  of 
public  instructors.  Their  daily  labors  bear  directly  on  the  intel- 
ligence, the  morals,  the  taste,  and  the  public  spirit  of  the 
country.  Not  only  are  they  journalists,  recording  political  oc- 
currences, but  they  discuss  principles,  they  comment  on  mea- 
sures, they  canvass  characters ;  they  hold  a  power  over  the  rep- 
utation, the  feelings,  the  happiness  of  individuals.  The  public 
ear  is  always  open  to  their  addresses,  the  public  sympathy  easily 
made  responsive  to  their  sentiments.  It  is,  indeed,  sir,  a  dis- 
tinction of  high  honor,  that  theirs  is  the  only  profession  ex- 
pressly protected  and  guarded  by  constitutional  enactments. 
Their  employment  soars  so  high,  in  its  general  consequences, 
it  is  so  intimately  connected  with  the  public  happiness,  that  its 
security  is  provided  for  by  the  fundamental  law.  While  it 
acts  in  a  manner  worthy  of  this  distinction,  the  press  is  a  foun- 
tain of  light,  and  a  source  of  gladdening  warmth.  It  instructs 
the  public  mind,  and  animates  the  spirit  of  patriotism.  Its  loud 
voice  suppresses  every  thing,  which  would  raise  itself  against 
the  public  liberty  ;  and  its  blasting  rebuke  causes  incipient  des- 
potism to  perish  in  the  bud. 

But  remember,  sir,  that  these  are  the  attributes  of  a  FREE 
Press,  only.  And  is  a  press  that  is  purchased  or  pensioned, 
more  free  than  a  press  that  is  fettered  ?  Can  the  People  look 
for  truths  to  partial  sources,  whether  rendered  partial  through 
fear,  or  through  faror  ?  Why  shall  not  a  manacled  press  be 


30 

trusted  with  the  maintenance  and  defence  of  popular  rights  ? 
Because  it  is  supposed  to  be  under  the  influence  of  a  power, 
which  may  prove  greater  than  the  love  of  truth.  Such  a  press 
may  screen  abuses  in  Government,  or  be  silent.  It  may  fear  to 
speak.  And  may  it  not  fear  to  speak,  too,  when  its  conductors, 
if  they  speak  in  any  but  one  way,  may  lose  their  means  of 
livelihood  ?  Is  dependence  on  Government  for  bread  no  temp- 
tation to  screen  its  abuses?  Will  the  Press  always  speak  the 
truth,  though  the  truth,  if  spoken,  may  be  the  means  of  silencing 
it  for  the  future  ?  Is  the  truth  in  no  danger,  is  the  watchman 
under  no  temptation,  when  he  can  neither  proclaim  the  ap- 
proach of  national  evils,  nor  seem  to  descry  them,  without  the 
loss  of  his  place  ? 

Mr.  President, — an  open  attempt  to  secure  the  aid  and  friend- 
ship of  the  public  press,  by  bestowing  the  emoluments  of  office 
on  its  active  conductors,  seems  to  me,  of  every  thing  we  have 
witnessed,  to  be  the  most  reprehensible.  It  degrades  both  the 
Government  and  the  press.  As  far  as  its  nautral  effect  extends, 
it  turns  the  palladium  of  liberty  into  an  engine  of  party.  It 
brings  the  agency,  activity,  energy  and  patronage  of  Govern- 
ment, all  to  bear,  with  united  force,  on  the  means  of  general 
intelligence,  and  on  the  adoption  or  rejection  of  political  opin- 
ions. It  so  completely  perverts  the  true  object  of  Government, 
it  so  entirely  revolutionizes  our  whole  system,  that  the  chief 
business  of  those  in  power  is  directed  rather  to  the  propagation 
of  opinions,  favorable  to  themselves,  than  to  the  execution  of 
the  laws.  This  propagation  of  opinions,  through  the  press, 
becomes  the  main  Administration  duty.  Some  fifty  or  sixty 
editors  of  leading  journals  have  been  appointed  to  office  by  the 
present  Executive.  A  stand  has  been  made  against  this  pro- 
ceeding, in  i he  Senate,  with  partial  success;  but  by  means  of 
appointments,  which  do  not  come  before  the  Senate,  or  other 
means,  the  number  has  been  carried  to  the  extent  I  have  men- 
tioned. Certainly,  sir,  the  editors  of  the  public  journals  are 
not  to  be  disfranchised.  Certainly,  they  are  fair  candidates 
either  for  popular  elections,  or  a  just  participation  in  office. 
Certainly,  they  reckon,  in  their  number,  some  of  the  first  ge- 
niuses, the  best  scholars,  and  the  most  honest  and  well-principled 
men,  in  the  country.  But  the  complaint  is  against  the  system, 
against  the  practice,  against  the  undisguised  attempt  to  secure 
the  favor  of  the  press,  by  means  addressed  to  its  pecuniary  in- 
terest; and  these  means,  too,  drawn  from  the  public  treasury, 


31 

being  no  other  than  the  appointed  compensations  for  the  per- 
formance of  official  duties.  Sir,  the  press  itself  should  resent 
this.  Its  own  character  for  purity  and  independence  is  at  stake. 
It  should  resist  a  connexion,  rendering  it  obnoxious  to  so  many 
imputations.  It  should  point  to  its  honorable  denomination, 
in  our  Constitutions  of  Government,  and  it  should  maintain  the 
character  there  ascribed  to  it,  of  a  FREE  PRESS. 

There  can,  sir,  be  no  objection  to  the  appointment  of  an 
Editor  to  office,  if  he  is  the  fittest  man.  There  can  be  no  ob- 
jection to  considering  the  services,  which,  in  that,  or  any  other 
capacity,  he  may  have  rendered  his  country.  He  may  have 
done  much  to  maintain  her  rights  against  foreign  aggression, 
and  her  character  against  insult.  He  may  have  honored,  as 
well  as  defended  her ;  and  may,  therefore,  be  justly  regarded 
and  selected,  in  the  choice  of  faithful  public  agents.  But  the 
ground  of  complaint  is,  that  the*  aiding,  by  the  press,  of  the 
election  of  an  individual,  is  rewarded,  by  that  same  individual, 
with  the  gift  of  monied  offices.  Men  are  turned  out  of  office, 
and  others  put  in,  and  receive  salaries  from  the  public  treasury, 
on  the  ground,  either  openly  avowed,  or  falsely  denied,  that 
they  had  rendered  service  in  the  election  of  the  very  individual, 
who  makes  this  removal,  and  makes  this  appointment. — 
Every  man,  sir,  must  see,  that  this  is  a  vital  stab  at  the  purity 
of  the  press.  It  not  only  assails  the  independence  of  the 
press,  by  addressing  sinister  motives,  but  it  furnishes  the 
means  of  exciting  these  motives  from  the  public  treasury.  It 
extends  the  Executive  power  over  the  press,  in  a  most  daring 
manner.  It  operates  to  give  a  direction  to  opinion,  not  favora- 
ble to  the  Government,  in  the  aggregate,  not  favorable  to  the 
Constitution  and  laws,  not  favorable  to  the  Legislature,  but  fa- 
vorable to  the  Executive  alone.  The  consequence  often  is,  just 
what  might  be  looked  for,  that  the  portion  of  the  press,  thus  made 
fast  to  the  Executive  interest,  denounces  Cong  ess,  denounces 
the  Judiciary,  complainsof  the  laws,  and  quarrels  with  the  Constitu- 
tion. This  exercise  of  the  right  of  appointment,  to  this  end,  is  an 
augrnentiition,  and  a  vast  one,  of  the  Executive  power,  singly  and 
alone.  It  uses  that  power,  strongly  against  all  other  branches 
of  the  Government,  and  it  uses  it  strongly,  too,  for  any  struggle 
which  it  may  be  called  on  to  make  with  general  public  opinion. 
Mr.  President,  I  will  quit  this  topic.  There  is  much  in  it,  in 
my  judgment,  affecting,  not  only  the  purity  and  independence 
of  the  press,  but  also  the  character  and  honor,  the  peace  and 


32 

security  of  the  Government.     I  leave  it,  in  all  its  bearings,  to 
the  consideration  of  the  people. 

Mr.  President, — among  the  novelties  intro  uced  into  the 
Government,  by  the  present  Administration,  is  the  frequent 
use  of  the  President's  negative,  on  acts  of  Congress.  Under 
former  Presidents,  this  power  has  been  deemed  an  extraordi- 
nary one,  to  be  exercised  only  in  peculiar  and  marked  cases. 
It  was  vested  in  the  President,  doubtless,  as  a  guard  against 
hasty  or  inconsiderate  legislation,  and  against  any  act,  inad- 
vertently passed,  which  might  seem  to  encroach  on  the  just 
authority  of  other  branches  of  the  Government.  I  do  not 
recollect  that,  by  all  Gen.  Jackson's  predecessors,  this  power 
was  exercised  more  than  four  or  five  times.  Not  having  re- 
curred to  Journals,  1  cannot,  of  course,  be  sure  that  I  am  nu- 
merically accurate  in  this  particular;  but  such  is  my  belief. 
I  recollect  no  instance  in  the  time  of  Mr.  John  Adams,  Mr. 
Jefferson,  or  Mr.  John  Quincy  Adams.  The  only  cases  which 
occur  to  me  are,  two  in  General  Washington's  administration, 
two  in  Mr.  Madison's,  and  one  in  Mr.  Monroe's.  There  may  be 
some  others ;  but  we  all  know  that  it  is  a  power  which  has 
been  very  sparingly  and  reluctantly  used,  from  the  beginning 
of  the  Government.  The  cases,  sir,  to  which  I  have  now  re- 
ferred, were  cases,  in  which  the  President  returned  the  Bill 
with  objections.  The  silent  Veto  is,  I  believe,  the  exclusive 
adoption  of  the  present  Administration.  I  think,  indeed,  that 
some  years  ago,  a  bill,  by  inadvertence  or  accident,  failed  to  re- 
ceive the  President's  signature,  and  so  did  not  become  a  law. 
But  I  am  not  aware  of  any  instance,  before  the  present  Adminis- 
tration, in  which  the  President  has,  by  design,  omitted  to  sign 
a  bill,  and  yet  has  not  returned  it  to  Congress.  But  since  the 
present  Administration  came  into  power,  the  VETO,  in  both 
kinds,  has  been  repeatedly  applied.  In  the  case  of  the  Mays- 
ville  Road,  the  Montgomery  Road,  and  the  Bank,  we  have 
had  the  VETO,  with  reasons.  In  an  internal  improvement  bill 
of  a  former  session,  in  a  similar  bill  at  the  late  session,  and 
in  the  State  interest  bill,  we  had  the  silent  VETO,  or  refusal 
without  reasons. 

Now,  sir,  it  is  to  be  considered,  that  the  President  has  the 
power  of  recommending  measures  to  Congress.  Through  his 
friends,  he  may  and  does  oppose,  also,  any  legislative  move- 
ment, which  he  does  not  approve.  If,  in  addition  to  this,  he 
^  exercise  a  silent  Veto,  at  his  pleasure,  on  all  the  bills 


33 

presented  to  him  during  the  last  ten  days  of  the  session ;  if  he 
may  refuse  assent  to  them  all,  without  being  called  upon  to 
assign  any  reasons  whatever,  it  will  certainly  be  a  great  prac- 
tical augmentation  of  his  power.  Any  one  who  looks  at  a  vol- 
ume of  the  statutes,  will  see  that  a  great  portion  of  the  laws 
are  actually  passed  within  the  last  ten  days  of  each  session. 
If  the  President  is  at  liberty  to  negative  any,  or  all,  of  these 
laws,  at  pleasure,  or  rather,  to  refuse  to  render  the  bills  laws,  by 
approving  them,  and  still  may  neglect  to  return  them  to  Con- 
gress, for  renewed  action,  he  will  hold  a  very  important  con- 
trol over  the  legislation  of  this  country.  The  day  of  adjourn- 
ment is  usually  fixed,  some  weeks  in  advance.  This  being 
fixed,  a  little  activity  and  perseverance  may  easily,  in  most 
cases,  and  perhaps  in  ail,  where  no  alarm  has  been  excited, 
postpone  important  pending  measures  to  a  period  within  ten 
days  of  the  close  of  the  session  :  and  this  operation  leaves  all 
such  measures  at  the  pleasure  of  the  President,  to  sign  the 
bills  or  not,  without  being  obliged  to  state  his  reasons  pub- 
licly. 

A  silent  VETO,  on  the  Bank  Bill,  would  have  been  thi  in- 
evitable fate  of  that  Bill,  if  its  friends  had  not  refused  to  fix 
on  any  term  for  adjournment  before  the  President  should 
have  had  the  bill  so  long  as  to  be  required,  by  constitutional 
provisions,  to  sign  it,  or  to  send  it  back  with  his  reasons  for 
not  signing  it.  The  two  Houses  did  not  agree,  and  would  not 
agree,  to  fix  a  day  for  adjournment,  until  the  Bill  was  sent  to 
the  President,  and  then  care  was  taken  to  fix  on  such  a  day 
as  should  allow  him  the  whole  constitutional  period.  This 
seasonable  presentment  rescued  the  bill  from  the  power  of  the 
silent  negative. 

This  practical  innovation  on  the  mode  of  administering  the 
Government,  so  much  at  variance  with  its  general  principles, 
and  so  capable  of  defeating  the  most  useful  acts,  deserves  public 
consideration.  Its  tendency  is,  to  disturb  the  harmony,  which 
ought  always  to  exist  between  Congress  and  the  Executive, 
and  to  turn  that,  which  the  Constitution  intended  only  as  an 
extraordinary  remedy,  for  extraordinary  cases,  into  a  common 
means  of  making  Executive  discretion  paramount  to  the  discre- 
tion of  Congress,  in  the  enactment  of  laws. 

Mr.  President, — the  Executive  has  not  only  used  these 
unaccustomed  means,  to  prevent  the  passage  of  law?,  but 


34 

it  has  also  refused  to  enforce  the  execution  of  laws  actually 
passed.     An  eminent  instance  of  this,  is  found  in  the  course 
adopted    relative   to   the   Indian    Intercourse  Law   of  1802. 
Upon  being  applied  to,  in  behalf  of  the  MISSIONARIES,  to  ex- 
ecute that  law,  for  their  relief  and  protection,  the  President 
replied,  that  the  State  of  Georgia  hating  extended  her  laws 
over  the  Indian  territory,  the  laws  of  Congress  had  thereby 
been  superseded.     This   is   the   substance  of  his    answer,  as 
communicated  through  the  Secretary  of  War.     He  holds,  then, 
that  the  law  of  the   State  is  paramount  to  the  law  of  Con- 
gress.    The  Supreme  Court  has  adjudged  this  act  of  Georgia 
to  be  void,  as  being  repugnant  to  a  constitutional  law  of  the 
United  States.     But  the  President  pays  no  more  regard  to  this 
decision,  than  to  the  act  of  Congress  itself.     The  MISSION- 
ARIES remain  in  prison,  held  there  by  a  condemnation,  under 
a  law  of  a  State,  which  the  Supreme  Judicial  Tribunal  has 
pronounced  to  be  null  and  void.     The  Supreme  Court  have 
decided  that  the  act  of  Congress  is  constitutional,  that  it  is 
a  binding  statute,  that  it  has  the  same  force  as  other  laws,  and 
is  as  much  entitled  to  be  obeyed  and  executed  as  other  laws. 
The   President,  on  the   contrary,   declares   that  the  law  of 
Congress  has  been  superseded,  by  the  law  of  the  State,  and 
therefore  he  will  not  carry  its  provisions  into  effect.     Now  we 
know,  sir,  that  the  Constitution  of  the  United  States  declares, 
that   that  Constitution,  and  all   acts  of  Congress  passed  in 
pursuance    of  it,   shall   be   the    supreme    law  of  the   land, 
any  thing  in  any  State  law    to  the   contrary  notwithstand- 
ing.    This  would  seem  to  be  a  plain  case,  then,  in  which  the 
law  should  be  executed.     It  has  been  solemnly  decided  to  be 
in  actual  force,  by  the  highest  judicial  authority ;  its  execu- 
tion is  demanded  for  the  relief  of  free  citizens,  now  suffering 
the  pains  of  unjust  and  unlawful  imprisonment ;  yet  the  Presi- 
dent refuses  to  execute  it. 

In  the  case  of  the  Chicago  Road,  some  sessions  ago,  the 
President  approved  the  Bill,  but  accompanied  his  approval  by 
a  Message,  saying  how  far  he  deemed  it  a  proper  law,  and 
how  far,  therefore,  it  ought  to  be  carried  into  execution. 

In  the  case  of  the  Harbor  Bill  of  the  late  session,  being  ap- 
plied to.  by  a  member  of  Congress  for  directions  for  carrying 
parts  of  the  law  into  effect,  he  declined  giving  them,  and 
made  a  distinction  between  such  parts  of  the  law  as  he 


3-5 

should  cause  to  be  executed,  and  suc/t  as  he  should  not; 
and  his  right  to  make  this  distinction  has  been  openly  main- 
tained, by  those  who  habitually  defend  his  measures.  Indeed, 
sir,  these,  and  other  instances  of  liberties  taken  with  plain 
statute  laws,  flow,  naturally,  from  the  principles  expressly 
avowed  by  the  President,  under  his  own  hand.  In  that  im- 
portant document,  sir,  upon  which  it  seems  to  be  his  fate  to 
stand,  or  to  fall,  before  the  American  People,  the  VETO  Mes- 
sage, he  holds  the  following  language  :  "  Each  public  officer, 
who  takes  an  oath  to  support  the  Constitution,  swears 
that  he  will  support  it  as  he  understands  it,  and  not 
as  it  is  understood  by  others."  Mr.  President,  the  gener- 
al adoption  of  the  sentiments,  expressed  in  this  sentence, 
would  dissolve  our  Government.  It  would  raise  every  man's 
private  opinions  into  a  standard  for  his  own  conduct;  and 
there  certainly  is,  there  can  be,  no  government,  where  every 
man  is  to  jud'ge,  for  himself,  of  his  own  rights,  and  his  own 
obligations.  Where  every  one  is  his  own  arbiter,  force,  and 
not  law,  is  the  governing  power.  He  who  may  judge  for  him- 
self, and  decide  for  himself,  must  execute  his  own  decisions  ; 
and  this  is  the  law  of  force.  I  confess,  sir,  it  strikes  me  with 
astonishment,  that  so  wild,  so  disorganizing  a  sentiment  should 
be  uttered  by  a  President  of  the  United  States.  I  should  think 
it  must  have  escaped  from  its  author,  through  want  of  reflec- 
tion, or  from  the  habit  of  little  reflection,  on  such  subjects,  if 
I  could  suppose  it  possible,  that  on  a  question  exciting  so 
much  public  attention,  and  of  so  much  national  importance, 
any  such  extraordinary  doctrine  could  find  its  way  through 
inadvertence,  into  a  formal  and  solemn  public  act.  Standing 
as  it  does,  it  affirms  a  proposition  which  would  effectually  re- 
peal all  Constitutional  and  all  legal  obligations.  The  Consti- 
tution declares,  that  every  public  officer,  in  the  State  Govern- 
ment, as  well  as  in  the  General  Government,  shall  take  an 
oath  to  support  the  Constitution  of  the  United  States.  This 
is  all.  Would  it  not  have  cast  an  air  of  ridicule  on  the  whole 
provision,  if  the  Constitution  had  gone  on  to  add  the  words, 
"  eu  he  understands  it  ?  "  What  could  come  nearer  to  a  sol- 
emn farce,  than  to  bind  a  man,  by  oath,  and  still  leave  him 
to  be  his  own  interpreter  of  his  own  obligation  ?  Sir,  those 
who  are  to  execute  the  laws  have  no  more  a  license  to  construe 
them,  for  themselves,  than  those  whose  only  duty  is  to  obey 


36 

them.  Public  officers  are  bound  to  support  the  Constitution  ; 
private  citizens  are  bound  to  obey  it ;  and  there  is  no  more  in- 
dulgence granted  to  the  public  officer,  to  support  the  Constitu- 
tion only  a*  he  understands  it,  than  to  a  private  citizen  to 
obey  it  only  as  he  understands  it ;  and  what  is  true  of  the 
Constitution,  in  this  respect,  is  equally  true  of  any  law.  Laws 
are  to  be  executed,  and  to  be  obeyed,  not  as  individuals  may 
interpret  them,  but  according  to  public,  authoritative  interpreta- 
tion and  adjudication.  The  sentiment  of  the  message  would 
abrogate  the  obligation  of  the  whole  criminal  code.  If  every 
man  is  to  judge  of  the  Constitution  and  the  laws  for  himself, 
if  he  is  to  obey,  and  support  them,  only  as  he  may  say  he 
understands  them,  a  revolution,  I  think,  would  take  place  in 
the  administration  of  justice ;  and  discussions  about  the  law 
of  treason,  murder  and  arson,  should  be  addressed,  not  to  the 
judicial  bench,  but  to  those  who  might  stand  charged  with 
such  offences.  The  object  of  discussion  should  be,  if  we  run 
out  this  notion  to  its  natural  extent,  to  convince  the  culprit 
himself  how  he  ought  to  understand  the  law. 

Mr.  President, — how  is  it  possible,  that  a  sentiment  so  wild, 
and  so  dangerous,  so  encouraging  to  all  who  feel  a  desire  to 
oppose  the  laws,  and  to  impair  the  Constitution,  should 
have  been  uttered  by  the  President  of  the  United  States,  at  this 
eventful  and  critical  moment?  Are  we  not  threatened  with 
dissolution  of  the  Union  ?  Are  we  not  told  that  the  laws  of 
the  Government  shall  be  openly  and  directly  resisted  ?  Is  not 
the  whole  country  looking,  with  the  utmost  anxiety,  to  what 
may  be  the  result  of  these  threatened  courses?  And,  at  this 
very  moment,  so  full  of  peril  to  the  Stale,  the  Chief  Magistrate 
puts  forth  opinions  and  sentiments  as  truly  subversive  of  all 
Government,  as  absolutely  in  conflict  with  the  authority  of  the 
Constitution,  as  the  wildest  theories  of  Nullification.  Mr.  Pre- 
sident, I  have  very  little  regard  for  the  law,  or  the  logic,  of 
Nullification.  But  there  is  not  an  individual  in  its  ranks,  ca- 
pable of  putting  two  ideas  together,  who,  if  you  will  grant  him 
the  principles  of  the  Veto  Message,  cannot  defend  all  that 
Nullification  has  ever  threatened.  To  make  this  assertion 
good,  sir,  let  us  see  how  the  case  stands.  The  Legislature  of 
South-Carolina,  it  is  said,  will  nullify  the  late  Revenue,  or 
Tariff  law,  because,  they  say,  it  is  not  warranted  by  the  Con- 
stitution of  the  United  States,  as  they  understand  the  Con- 
stitution. They,  as  well  as  the  President  of  the  United 


37 

States,  have  sworn  to  support  the  Constitution.     Both  he  and 
they  have  taken  the  same  oath,  in  the  same  words. 

Now,  sir,  since  he  claims  the  right  to  interpret  the  Consti- 
tution as  he  pleases,  how  can  he  deny  the  same  right  to  them  ? 
Is  his  oath  less  stringent  than  theirs  ?  Has  he  a  prerogative 
of  dispensation,  which  they  do  not  possess  ?  How  can  he 
answer  them,  when  they  tell  him,  that  the  Revenue  laws  are 
unconstitutional,  as  they  understand  the  Constitution,  and  that, 
therefore,  they  will  nullify  them  ?  Will  he  reply  to  them, 
according  to  the  doctrines  of  his  annual  Message  in  1830, 
that  precedent  has  settled  the  question,  if  it  was  ever  doubtful  ? 
;They  will  answer  him  in  his  own  words,  in  the  Veto  Mes- 
sage, that  in  such  a  case  precedent  is  not  binding.  Will  he 
say  to  them,  that  the  Revenue  law  is  a  law  of  Congress,  which 
must  be  executed,  until  it  shall  be  declared  void  ?  They  will 
answer  him,  that,  in  other  cases,  he  has  himself  refused  to 
execute  laws  of  Congress  which  had  not  been  declared  void, 
but  which  had  been,  on  the  contrary,  declared  valid.  Will 
he  urge  the  force  of  judicial  decision  ?  They  will  answer, 
that  he  himself  does  not  admit  the  binding  obligation  of  such 
decisions.  Sir,  the  President  of  the  United  States  is  of 
opinion,  that  an  individual,  called  on  to  execute  a  law,  may, 
himself,  judge  of  its  constitutional  validity.  Has  Nulli6cation 
any  thing  more  revolutionary  than  that  ?  The  President  is 
of  opinion  that  judicial  interpretations  of  the  Constitution  and 
the  laws,  do  not  bind  the  consciences,  and  ought  not  to  bind 
the  conduct,  of  men.  Has  Nullification  any  thing  more  dis- 
organizing than  that  ?  The  President  is  of  opinion,  that  every 
officer  is  bound  to  support  the  Constitution  only  according  to 
what  ought  to  be,  in  his  private  opinion,  its  construction. 
Has  Nullification,  in  its  widest  flight,  ever  reached  to  an  ex- 
travagance like  that  ?  No,  sir,  never.  The  doctrine  of  Nul- 
lification, in  my  judgment  a  most  false,  dangerous,  and  revo- 
lutionary doctrine,  is  this;  that  the  State,  or  a  State,  may 
declare  the  extent  of  the  obligations  which  its  citizens  are  under 
to  the  United  States;  in  other  words,  that  a  State,  by  State 
laws,  and  State  judicatures,  may  conclusively  construe  the 
Constitution,  for  its  own  citizens.  But  that  every  individual 
may  construe  it  for  himself,  is  a  refinement  on  the  theory  of 
resistance  to  constitutional  power,  a  sublimation  of  the  right  of 
being  disloyal  to  the  Union,  a  free  charter  for  the  elevation 
of  private  opinion  above  the  authority  of  the  fundamental  law 


38 

of  the  Slate,  such  as  was  never  presented  to  the  public  view, 
and  the  public  astonishment,  even  by  Nullification  itself.— 
Its  first  appearance  is  in  the  VETO  Message.  Melancholy, 
lamentable,  indeed,  sir,  is  our  condition,  when  at  a  moment 
of  serious  danger  and  wide-spread  alarm,  such  sentiments  are 
found  to  proceed  from  the  Chief  Magistrate  of  the  Govern- 
ment. Sir,  1  cannot  feel  that  the  Constitution  is  safe  in  such 
hands.  I  cannot  feel  that  the  present  Administration  is  its  fit 
and  proper  guardian. 

But  let  me  ask,  sir,  what  evidence  there  is,  that  the  Presi- 
dent is  himself  opposed  to  the  doctrines  of  Nullification?  I 
do  not  say  to  the  political  party,  which  now  pushes  these 
doctrines,  but  to  the  doctrines  themselves.  Has  he  any  where 
rebuked  them  ?  Has  he  any  where  discouraged  them  ?  Has 
his  influence  been  exerted  to  inspire  respect  for  the  Constitu- 
tion, and  to  produce  obedience  to  the  laws?  Has  he  followed 
the  bright  example  of  his  predecessors,  has  he  held  fast  by  the 
institutions  of  the  country,  has  he  summoned  the  good  and 
the  wise  around  him,  has  he  admonished  the  country  that 
the  Union  is  in  danger,  and  called  on  all  the  patriotic  to  come 
out  in  its  support  ?  Alas !  sir,  we  have  seen  nothing,  no- 
thing, of  all  this. 

Mr.  President, — I  shall  not  discuss  the  doctrine  of  Nullifica- 
tion. I  am  sure  it  can  have  no  friends  here.  Gloss  it  and 
disguise  it  as  we  ma}',  it  is  a  pretence  incompatible  with  the 
authority  of  the  Constitution.  If  direct  separation  be  not 
its  only  mode  of  operation,  separation  is,  nevertheless,  ils  di- 
rect consequence.  That  a  Stale  may  nullify  a  law  of  the 
Union,  and  still  remain  in  the  Union  ;  that  she  may  have 
Senators  and  Representatives  in  the  Government,  and  yet  be 
at  liberty  to  disobey  and  resist  the  Government;  that  she 
may  partake  in  the  common  councils,  and  yet  not  be  bound 
by  their  results ;  lhat  she  may  control  a  law  of  Congress,  so 
that  it  shall  be  one  thing,  with  her,  while  it  is  another  thing 
with  the  rest  of  the  States  ;  all  these  propositions  seem  lo  be 
so  absolutely  at  war  with  common  sense  and  reason,  that  I 
do  not  understand  how  any  intelligent  person  can  yield  the 
slighest  assent  to  them.  Nullification,  it  is  in  vain  to  attempt 
to  conceal  it,  is  dissolution  ;  it  is  dismemberment ;  it  is  the 
breaking  up  of  the  Union.  If  it  shall  practically  succeed,  in 
any  one  State,  from  lhat  moment  there  are  twenty-four  States 
in  the  Union  nolonger.  Now.  sir,  I  think  it  exceedingly  proba- 


39 

ble  that  the  President  may  come  to  an  open  rupture  with  that 
portion  of  his  original  party,  which  now  constitutes  what  is 
called  the  Nullification  party.  I  think  it  likely  he  will  oppose 
the  proceedings  of  that  party,  if  they  shall  adopt  measures, 
coming  directly  in  conflict  with  the  laws  of  the  United  States. 
But  how  will  he  oppose  ?  What  will  be  his  course  of  rem- 
edy'? Sir,  I  wish  to  call  the  attention  of  the  meeting,  and  of 
the  People,  earnestly  to  this  question,  How  will  the  President 
attempt  to  put  down  Nullification,  if  he  shall  attempt  it  at 
all'? 

Sir,  for  one,  I  protest  in  advance  against  such  remedies  as 
I  have  heard  hinted.  The  Administration  itself  keeps  a  pro- 
found silence,  but  its  friends  have  spoken  for  it.  We  are  told, 
sir,  that  the  President  will  immediately  employ  the  military 
force,  and  at  once  blockade  Charleston  !  A  military  remedy, 
a  remedy  by  direct  belligerent  operation,  has  been  thus  sug- 
gested, and  nothing  else  has  been  suggested,  as  the  intended 
means  of  preserving  the  Union.  Sir,  there  is  no  little  reason 
to  think,  that  this  suggestion  is  true.  We  cannot  be  altogether 
unmindful  of  the  past ;  and  therefore  we  cannot  be  altogether 
unapprehensive  for  the  future.  For  one,  sir,  I  raise  my  voice 
beforehand,  against  the  unauthorized  employment  of  military 
power,  and  against  superseding  the  authority  of  the  laws,  by 
an  armed  force,  under  pretence  of  putting  down  Nullification. 
The  President  has  no  authority  to  blockade  Charleston;  the 
President  has  no  authority  to  employ  military  force,  till  he 
shall  be  duly  required  so  to  do,  by  law,  and  by  the  civil  authori- 
ties. His  duty  is,  to  cause  the  laws  to  be  executed.  His  duty  is 
to  support  the  civil  authority.  His  duty  is,  if  the  laws  be  re- 
sisted, to  employ  the  military  force  of  the  country,  if  neces- 
sary, for  their  support  and  execution  ;  but  to  do  all  this  in 
compliance  only  with  law,  and  with  decisions  of  the  tribunals. 
If,  by  any  ingenious  devices,  those  who  resist  the  laws  escape 
from  the  reach  of  judicial  authority,  as  it  is  now  provided  to 
be  exercised,  it  is  entirely  competent  to  Congress  to  make  such 
new  provisions  as  the  exigency  of  the  case  may  demand. 
These  provisions  undoubtedly  would  be  made.  With  a  constitu- 
tional and  efficient  head  of  the  Government,  with  an  Administra- 
tion really  and  truly  in  favor  of  the  Constitution  the  country 
can  grapple  with  Nullification.  By  the  force  of  reason,  by 
the  progress  of  enlightened  opinion,  by  the  natural,  genuine 
patriotism  of  the  country,  and  by  the  steady  and  well-sustained 


40 

operations  of  law,  the  progress  of  disorganization  may  be  suc- 
cessfully checked,  and  the  Union  maintained.  Let  it  be  re- 
membered, that  where  Nullification  is  most  powerful,  it  is  not 
unopposed.  Let  it  be  remembered,  that  they  who  would  break 
up  the  Union  by  force,  have  to  march  toward  that  object  through 
thick  ranks  of  as  brave  and  good  men  as  the  country  can  show; 
men,  strong  in  character,  strong  in  intelligence,  strong  in  the 
purity  of  their  own  motives,  and  ready,  always  ready,  to  sacri- 
fice their  fortunes  and  their  lives  to  the  preservation  of  the 
Constitutional  Union  of  the  States.  If  we  can  relieve  the  coun- 
try from  an  Administration,  which  denies  to  the  Constitution 
those  powers  which  are  the  breath  of  its  life,  if  we  can  place 
the  Government  in  the  hands  of  its  friends,  if  we  can  secure  it 
against  the  dangers  of  irregular  and  unlawful  military  force, 
if  it  can  be  under  the  lead  of  an  Administration,  whose  moder- 
tion,  firmness,  and  wisdom  shall  inspire  confidence  and  com- 
mand respect,  we  may  yet  surmount  the  dangers,  numerous 
and  formidable  as  they  are,  which  surround  us. 

And,  sir,  I  see  little  prospect  of  overcoming  these  dangers, 
without  a  change  of  men.  After  all  that  has  passed,  the  re-elec- 
tion of  the  present  Executive  will  give  the  national  sanction  to 
sentiments,  and  to  measures,  which  will  effectually  change  the 
government ;  which,  in  short,  must  destroy  the  government.  If 
the  President  be  re-elected,  with  concurrent  and  co-operating 
majorities  in  both  Houses  of  Congress,  I  do  not  see,  that  in 
four  years  more,  all  the  power,  which  is  suffered  to  remain  in 
the  Government,  will  not  be  holden  by  the  Executive  hand. 
Nullification  will  proceed,  or  will  be  put  down  by  a  power  as  un- 
constitutional as  itself.  The  revenues  will  be  managed  by  a 
Treasury  Bank.  The  use  of  the  VETO  will  be  considered  as 
sanctioned  by  the  public  voice.  The  Senate,  if  not  "  cut 
down,"  will  be  bound  down  ;  and  the  President,  commanding 
the  Army  and  the  Navy,  and  holding  all  places  of  trust  to  be 
party  property,  what  will  then  be  left,  sir,  for  Constitutional 
reliance  ? 

Sir,  we  have  been  accustomed  to  venerate  the  Judiciary, 
and  to  repose  hopes  of  safety  on  that  branch  of  the  Govern- 
ment. But  let  us  not  deceive  ourselves.  The  Judicial  power 
cannot  stand,  for  a  long  time,  against  the  Executive  power. 
The  Judges,  it  is  true,  hold  their  places  by  an  independent 
tenure  ;  but  they  are  mortal.  That,  which  is  the  common 


41 

lot  of  humanity,  must  make  it  necessary  to  renew  the  benches 
of  justice.  And  how  will  they  be  filled  '!  Doubtless,  sir,  they 
will  be  filled  by  incumbents,  agreeing  with  the  President,  in 
his  constitutional  opinions.  If  the  Court  is  felt  as  an  obstacle, 
doubtless  the  first  opportunity,  and  every  opportunity,  will  be 
embraced,  to  give  it  less  and  less  the  character  of  an  obstacle. 
Sir,  without  pursuing  these  suggestion?,  I  only  say  that  the 
country  must  prepare  itself  for  any  change  in  the  Judicial 
Department,  such  as  it  shall  deliberately  sanction,  in  other 
departments. 

But,  sir,  what  is  the  prospect  of  change?  Is  there  any 
hope,  that  the  national  sentiment  will  recover  its  accustomed 
tone,  and  restore  to  the  Government  a  just  and  efficient  ad- 
ministration 1 

Sir,  if  there  be  something  of  doubt  on  this  point,  there  is 
also  something,  perhaps  much,  of  hope.  The  popularity  of 
the  present  Chief  Magistrate,  springing  from  causes  not  con- 
nected with  his  administration  of  the  Government,  has  been 
great.  Public  gratitude  for  military  service  has  remained  fast  to 
him,  in  defiance  of  many  things,  in  his  civil  administration, 
calculated  to  weaken  its  hold.  At  length,  there  are  indications, 
not  to  be  denied,  of  new  sentiments,  and  new  impressions. 
At  length,  a  conviction  of  danger  to  important  interests,  and 
to  the  security  of  the  Government,  has  made  its  lodgement, 
in  the  public  mind.  At  length,  public  sentiment  begins  to 
have  its  free  course,  and  to  produce  its  just  effects.  I  fully 
believe,  sir,  that  a  great  majority  of  the  nation  desire  a  change 
in  the  administration ;  and  that  it  will  be  difficult  for  party 
organization,  or  party  denunciation  to  suppress  the  effective 
utterance  of  that  general  wish.  There  are  unhappy  differ- 
ences, it  is  true,  about  the  fit  person  to  be  successor  to  the 
present  incumbent,  in  the  Chief  Magistracy ;  and  it  is  pos- 
sible, that  this  disunion,  may,  in  the  end,  defeat  the  will  of 
the  majority.  But  so  far  as  we  agree  together,  let  us  act  to- 
gether. Wherever  our  sentiments  concur,  let  our  hands  co- 
operate. If  we  cannot,  at  present,  agree,  who  should  be 
President,  we  are  at  least  agreed  who  bught  not  to  be.  I  ful- 
ly believe,  sir,  that  gratifying  intelligence  is  already  on  the 
wing.  While  we  are  yet  deliberating,  in  Massachusetts, 
Pennsylvania  is  voting.  This  week,  she  elects  her  members 
to  the  next  Congress.  I  doubt  not,  the  result  of  that  election 
will  show  An  important  change  in  public  sentiment,  in-  that 
G 


State  ;  nor  can  I  doubt  that  the  great  States  adjoining  her, 
holding  similar  constitutional  principles,  and  having  similar 
interests,  will  feel  the  impulse  of  the  same  causes  which  affect 
her.  The  people  of  the  United  States,  by  a  vast  and  count- 
less majority,  are  attached  to  the  Constitution.  If  they  shall  be 
convinced  that  it  is  in  danger,  they  will  come  to  its  rescue, 
and  will  save  it.  It  cannot  be  destroyed,  even  now,  if  THEY 
will  undertake  its  guardianship  and  protection. 

But  suppose,  sir,  there  was  less  hope  than  there  is,  would 
that  consideration  weaken  the  force  of  our  obligations  ?  Are 
we  at  a  post,  which  we  are  at  liherty  to  desert,  when  it 
becomes  difficult  to  hold  it?  May  vie  fly  at  the  approach  of 
danger  7  Poes  our  fidelity  to  the  Constitution  require  no  more 
of  us  than  to  enjoy  its  blessings,  to  bask  in  the  prosperity  which 
it  has  shed  around  us,  and  our  fathers,  and  are  we  at  liberty 
to  abandon  it,  in  the  hour  of  its  peril,  or  to  make  for  it  but  a 
faint  and  heartless  struggle,  for  the  want  of  encouragement, 
and  the  want  of  hope  7  Sir,  if  no  State  come  to  our  succor,  if 
every  where  else  the  contest  should  be  given  up,  here  let  it  be 
protracted,  to  the  last  moment.  Here,  where  the  first  blood  of 
the  Revolution  was  shed,  let  the  last  effort  for  that  which  is  the 
greatest  blessing  obtained  by  the  Revolution,  a  free  and  united 
Government,  be  made.  Sir,  in  our  endeavors  to  maintain  our 
existing  forms  of  Government,  we  are  acting  not  for  ourselves 
alone,  but  for  the  great  cause  of  Constitutional  liberty  all  over 
the  globe.  We  are  trustees,  holding  a  sacred  treasure,  in  which 
all  the  lovers  of  freedom  have  a  stake.  Not  only  in  Revolu- 
tionized France,  where  there  are  no  longer  subjects,  where 
the  monarch  can  no  longer  say,  he  is  the  Stale,  noi  only  in 
reformed  England,  where  our  principles,  our  institutions,  our 
practice  of  free  Government  are  now  daily  quoted  and  com- 
mended ;  but  n  the  depths  of  Germany,  also,  and  among  the 
desolated  fields,  and  the  still  smoking  ashes  of  Poland,  prayers 
are  uttered  for  the  preservation  of  our  Union  and  happiness. 
We  are  surrounded,  sir,  by  a  cloud  of  witnesses.  The  gaze 
of  the  sons  of  liberty,  every  where,  is  upon  us,  anxiously, 
intently,  upon  us.  They  may  see  us  fall  in  the  struggle  for 
our  Constitution  and  Government,  but  Heaven  forbid  that  they 
should  see  us  recreant. 

At  least,  sir,  let  the  Star  of  Massachusetts  be  the  last  which 
shall  be  seen  to  fall  from  heaven,  and  to  plunge  into  the  utter 
darkness  of  disunion.  Let  her  shrink  back,  let  her  hold 


others  back,  if  she  can;  at  any  rate,  let  her  keep  herself  back, 
from  this  gulf,  full,  at  once,  of  fire,  and  of  blackness;  yes,  sir, 
as  far  as  human  foresight  can  scan,  or  human  imagination  faih- 
om,  full  of  the  fire,  and  the  blood,  of  civil  war,  and  of  the 
thick  darkness  of  general  political  disgrace,  ignominy,  and 
ruin.  Though  the  worst  may  happen  that  can  happen,  and 
though  she  may  not  be  able  to  prevent  the  catastrophe,  yet, 
let  her  maintain  her  own  integrity,  her  own  high  honor,  her 
own  unwavering  fidelity,  so  that  with  respect  and  decency, 
though  with  a  broken  and  a  bleeding  heart,  she  may  pay  the 
last  tribute  to  a  glorious,  departed,  free  Constitution. 


THE  LIBRARY 
UNIVERSITY  OF  CALIFORNIA 

Santa  Barbara 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW. 


Series  9482 


A     001  026  679     9 


